KICHHA SUGAR COMPANY LIMITED Vs. SAMEER AHMAD

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 30. 3. 2007 passed by Motor Accident Claims Tribunal/additional District Judge, Udham Singh Nagar in Motor Accident Claim Petition No. 86 of 2005, Sameer Ahmad and others vs. Kichha Sugar Company Limited.

(2.) BRIEF facts of the case are that on 22. 11. 2004, on Sarif Ahmad (deceased) was coming on his scooter, on the way a jeep bearing No. U. P.-04-2300 came in a rash and negligent manner and dashed with Sarif Ahmad, as a result of which he was injured and subsequently he died on 27. 11. 2004 at Sai Hospital, Moradabad. The deceased was aged about 19 years and posted as Manager in a Tent House and was getting salary of Rs. 3000/- per month at the time of accident. Therefore, the claimants have prayed for compensation of Rs. 10,000,00/ -.

(3.) THE opposite party-Kichha Sugar Company Limited filed its written statement refuting the contents of claim petition. It has been alleged by the opposite party that deceased was himself negligent and he himself was driving the vehicle in a rash and negligent manner and dashed against one Tractor Trolley and thereafter fell down in front of Jeep of the opposite party due to his own negligence.