ISRAT JAHAN Vs. SANDEEP KUMAR

JUDGEMENT

(1.) Heard Sri Ram Singh, learned counsel for the appellants, Sri S.K. Mehrotra, learned counsel for the respondent-Insurance Company in both the appeals.

(2.) Both these appeals challenge the Judgment and award dtd. 22/5/2015 passed by Motor Accident Claim Tribunal/Special Judge SC/ST, District Fatehpur (hereinafter referred to as 'the Tribunal') in Motor Accident Claim Petition Nos. 87 of 2014 & 88 of 2014 awarding a sum of Rs.1,60,000.00 and Rs.5,27,000.00 respectively.

(3.) Facts in brevity as per the claim petition are that on 16/2/2014, husband of the deceased, namely, Mohd. Sabir and daughter of Kausar Jahan, after attending an invitation at Village Ladigavna, PS Lalauli, District Fatehpur, were coming back to Village Bilandpur, PS Kotwali, District Fatehpur riding on motor cycle bearing Registration No. UP 71 L 6352. As soon as they reached on Banda Sagar thoroughfare falling under area area Ghazipur, District Fatehpur near Mohini Nagar Board ahead R.V.S. International School, driver of pick up van bearing Registration No. UP 71 T 4087 on its way Fatehpur to Bahuwa, driving rashly and negligently, without blowing horn came and dashed the motor cycle as a result of which husband of the claimant died on the spot while her daughter was rushed to District Hospital, Fatehpur where she was declared dead. At the time of death Mohd. Sabir was aged 33 years while the daughter was about 12 years of age.