SALEEMAN Vs. BRIJESH KUMAR MAHESHWARI

JUDGEMENT

(1.) The aforesaid appeals emerge out from the judgment and award dated 13.5.2002 passed by the Motor Accidents Claims Tribunal/A.D.J.-cum-Second F.T.C., Nainital (hereinafter referred as 'the Tribunal') in the M.A.C.T. Case No. 53 of 1999, hence are being decided by a common judgment.

(2.) By the impugned award petitioner/ appellant Saleeman was awarded compensation to the tune of Rs. 1,37,000 against National Insurance Co. Ltd. to be paid within one month and in default the petitioner was also awarded interest at the rate of 9 per cent per annum from the date of presentation of the petition till the date of final payment of compensation. Petitioner has preferred her appeal for enhancement of the compensation amount whereas the respondent appellant National Insurance Co. Ltd. has preferred its appeal to set aside the award against it.

(3.) The brief facts giving rise to the present appeals are that the petitioner/appellant Saleeman filed a claim petition with the. allegations that on 19.4.1998 her son Anish Ahmad was travelling along with his luggage in truck No. URN 9371 from Kichha to Haldwani. The driver of the truck was driving it at a high speed and negligently. At about 10.15 a.m. when the truck reached at the bypass near village Kishanpur, the driver lost control over the steering of the truck and it reached in the field on left side and overturned, as a result, Anish Ahmad sustained grievous injuries and he died at the spot. The first information report of the accident was lodged on the same date at P.S. Kichha. The petitioner also pleaded that at the time of the accident the age of the deceased Anish Ahmad was 25 years and he was vegetable vendor, from which he was earning Rs. 6,000 per month. The claimant, therefore, claimed compensation of Rs. 12,28,500 in lieu of death of Anish Ahmad.