HAKIMULLA & ANR Vs. SUMAN SHARMA & ANR

JUDGEMENT

(1.) This present appeal has been preferred by the appellants against the judgment and award dated 07.04.2008 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Kashipur, District Udham Singh Nagar in MACP Case No. 295 of 2006, Hakimulla and another vs Smt. Suman Sharma and another, whereby the Tribunal has awarded an amount of Rs.1,70,000/- to the claimants/appellants against the respondent No.2 as compensation along with interest @ 9% per annum from the date of filing of the claim petition till its realization.

(2.) Heard learned counsel for the parties.

(3.) Brief facts of the case are that the claimants filed a claim petition with the contention that on 10.10.2006 at about 5:30 PM, the son of the claimants-Furkan Ali (deceased) was coming from Kashipur on the motorcycle No. UA-06C/6398. When he reached near village Parmanandpur T-point, his friend Mohd. Azam was standing there. The son of the claimants stopped his motorcycle and was in conversation with his friend on the roadside. Tata 407 UP-04A/0551 coming from Kashipur side rashly and negligently crushed them. Son of the claimants died on the spot due to rash and negligent driving of the driver of Tata 407 UP-04A/0551. After the accident, the aforesaid vehicle was seized by the Police. The FIR was lodged at P.S.Kashipur, ITI and the post mortem of deceased was conducted in Government Hospital, Kashipur. The age of the deceased was 23 years and he was skilled welder and was running a welding shop, therefrom he was earning a sum of Rs. 7,000/- per month. It is also alleged that he was weight lifter of National level and was earning handsome from the power lifting.