SHASHI DEVI Vs. MOHD AHSAN

JUDGEMENT

(1.) Aggrieved by the decision of Mr. M.S. Premi, Motor Accidents Claims Tribunal Judge/Special Judge, Shahjahanpur, dated 2nd February, 1984, in M.M. Case No. 21 of 1982, Shashi Devi v. Mohd. Ahsan alias Mohd. Aslam, the claimant-appellant has appealed to this court under Section 110-D of the Motor Vehicles Act. Yogendra Kumar Sharma was cleaner on truck No. UTX 5000. He was the brother of the claimant-appellant. On 16.10.1982 the aforesaid Yogendra Kumar Sharma died in an accident. He was under the employment of opposite party Nos. 1 and 2 in the claim giving rise to this appeal. The claimant had put forward a claim to the tune of Rs. 1,38,000/- due to death of her brother Yogendra Kumar Sharma.

(2.) Opposite party Nos. 1 and 2, namely, Mohd. Ahsan alias Mohd. Aslam and Anis Ahmad filed joint written statement and alleged that the claimant-appellant was not related to the deceased and opposite party Nos. 3 and 4 are responsible for the payment of compensation, if any and that the cleaner died because of his own fault and various other pleas were taken to negative the claim. New India Assurance Co. Ltd. also filed a written statement and contested the claim of the claimant-appellant.

(3.) A number of issues were framed by the Tribunal and the claim of the claimant-appellant has been decreed to the tune of Rs. 9,000/- as compensation to be paid by the insurance company. Dissatisfied with the decision of the Tribunal the claimant-appellant has approached this court through the above-noted appeal.