ISLAMUNNISA Vs. MANNI DEVI

JUDGEMENT

(1.) Heard Mohd Asim Zulfiquar, learned counsel for the appellant, Sri Sushil Kumar Mehrotra, learned counsel for the respondent in both the appeals.

(2.) Both these appeals are preferred by legal heirs of the deceased which challenge the judgment and award dtd. 9/5/2018 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Kaushambi (hereinafter referred to as 'Tribunal') in M.A.C.P. No.57 of 2014 awarding a sum of Rs.50,29,968.00 as compensation with interest at the rate of 7% for the death of Dr. Mohd. Asif, who is son of the claimant-appellant and the award dtd. 9/5/2018 passed by the Tribunal in M.A.C.P. No. 56 of 2014 awarding a sum of Rs.3,70,200.00 as compensation with interest at the rate of 7% for the death of one Smt. Kaniza Begum, who is the daughter-in-law of claimant-appellant and wife of the deceased Dr. Mohd Asif. The appeals challenge the quantum and finding of negligence returned by the Tribunal holding the deceased doctor also a tort feasor.

(3.) Facts as per the claim petition are that on 10/8/2013 at about 12.00 noon when the deceased reached near Kakora, Police Station Kokhraj, District Kaushambi, one Mahendra Yadav, driver of Vehicle Trailer No. R J 14 J F 4210 rashly and negligently drove his vehicle and dashed the Figo Car (bearing Registration No. UP 70 BZ 6881) of claimant's son who along with his wife Kaniza Begum @ Zeenat Mumtaz was coming from Locality G.T.B. Nagar, Kareily City, Allahabad to his home Kajiyana Kara, Police Station Saini, District Kaushambi. On account of the accident, both of them, namely, Dr. Mohd. Asif and Kaneejz Begum succumbed to their injuries on the spot.