MOHD SAFEEQ AND ANOTHER Vs. MOH DEEN

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act 1988, has been preferred against the judgment and award dated 19.5.2006, passed by Motor Accident Claim Tribunal/Additional District Judge/ F.T.C. Kashipur, in MACT Case No. 168 of 2005.

(2.) BRIEF facts of the case are that on 19.7.2005, at about 3.30 P.M., Km. Fatma along with her mother was standing near the 'Theli of Bangles' in village Ghanori. Truck, bearing registration No. U.P. 21/N.0536 came there from Kashipur side in a high speed and dashed Km. Fatima on wrong side, due to which she sustained grievous injuries and thereafter succumbed to the injuries in L.D. Bhatt Government Hospital, Kashipur on the day of accident itself. According to the claimants the deceased was aged about 4 years and she was receiving her education. The claimants filed petition for U/S 163.A of the Motor Vehicles Act for compensation.

(3.) THE owner of the offending truck contested the petition on the ground that the driver was driving the vehicle at a slow speed and the deceased herself was negligent as she was trying to cross the road. The driver was having valid driving license and the vehicle was insured with United India Insurance Company. Therefore the owner pleaded that the petition be dismissed against him.