AKHTAR HUSSAIN Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) Both these appeals under Section 173 of the Motor Vehicles Act have been preferred by the appellant/owner of vehicle No. UP03B/1083 as well as appellants/claimants against the judgment and award dated 10.1.2008 passed by Motor Accident Claims Tribunal/District Judge, Champawat in Motor Accident Claim Petition No. 45 of 2006, Harish Chand & Another v. Akhtar Hussain and Others. As these appeals arise out against the same accident and facts are similar, therefore, both these are being decided by this common judgment.

(2.) Brief facts of the case are that on 28.10.2006, at about 7.00 p.m., Suraj Chand was coming from Tanakpur on a motorcycle No. UA03/0416. Another person was sitting as a pillion rider on the motorcycle. When he reached near Kutri (Chakarpur), a Jeep bearing registration No. UP03B/1083 coming from the Tanakpur side, which was being driven by its driver in a very rash and negligent manner, hit the said motorcycle, due to which Suraj Chand died on the spot. According to the claim petition, the deceased was studying in Class IX and he used to earn Rs. 2,000 to 2,500 per month by tuitions. The claimants are the parents of the deceased, hence, an amount of Rs. 7,20,000 was claimed as compensation.

(3.) Thereafter, notices were issued to the opposite parties. On the receipt of the notices, the opposite parties contested the claim petition by filing their separate written statements before the Tribunal. On the basis of the pleadings of the parties, the Tribunal has framed relevant issues in the claim petition. Thereafter, both the parties led evidence in support of their cases.