NASIR Vs. MANJU

JUDGEMENT

(1.) This appeal from order arises out of the award dated 30.11.2009 passed by the Motor Accident Claims Tribunal, Haridwar in M.A.C.T Case No.73 of 1995, whereby the learned Tribunal has awarded a compensation of Rs.4,47,000/- (Rupees Four Lakh Forty Seven Thousand Only) along with interest of five percent and the liability to pay the compensation has been fixed upon the driver/owner of the vehicle, who is the appellant before this Court.

(2.) Brief facts of the case are that on 24.10.1995 at about 06:00 P.M., Tarachand (deceased) was going from Roorkee to "Imlikheda"? on his scooter bearing registration No. DHU 215. When he reached near the shop of "Mooldaan Mistri"? at village "Nagal"?, the driver of Matador No.DIL 6736 while driving the vehicle rashly and negligently dashed the scooter of Tarachand, as a result of which he sustained injuries and he died due to the injuries sustained by him in the said accident.

(3.) A claim petition was filed on account of death of Tarachand by his widow and the minor children, claiming a compensation of Rs.17,00,000/- (Rupees Seventeen Lakh Only). It was alleged in the claim petition that the deceased was aged 36 year of age. He was doing work as motor mechanic and was earning an income of Rs.4,000/- (Rupees Four Thousand Only) per month. The deceased was the sole bread-winner of the family.