SAIYYAD AZADAR HUSAIN Vs. SWAMI VIVEKA NAND VIDHYASHRAM

JUDGEMENT

(1.) Heard Mohd. Asim Zulfiquar, learned counsel for the appellant and Sri R.K. Sharma, learned Advocate, holding brief of Sri Rajeev Ojha, learned counsel for the Insurance Company.

(2.) This appeal, at the behest of the claimant, challenges the judgment dtd. 19/4/2014 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.12, Allahabad (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.599 of 2011 awarding a sum of Rs.5,96,000.00 with interest at the rate of 7% as compensation.

(3.) Brief facts of the present case are that on 5/2/2011 at about 7.15 am when Saiyyad Najmul Hasan along with his younger brother Saiyyad Sabeeh Hasan, riding on back seat of motor cycle bearing registration no. U.P. 70 AR 3603, was going to Mohanganj Gohari, driver of the bus bearing registration no. UP 70 AT 7188, which was on the way to Sevaith Railway Crossing from the side of Gohari, driving it rashly and negligently came on wrong side and sped away the bus dashing the motor cycle and running over Saiyyad Najmul Hasan and Saiyyad Sabeeh Hasan. In the accident, both sustained severe injuries as a result of which both passed away on the spot at the very moment. Claimants had filed claim petition claiming Rs.71,07,000.00 averring therein that deceased was 39 years and used to work in Kingdom of Saudi Arbia from which he used to earn Rs.25,000.00 per mensem.