MOHAMMAD USMAN WARSI Vs. NIRAJ MAURYA ADULT

JUDGEMENT

(1.) Challenge in this first appeal against final order under Section 173 of Motor Vehicles Act (for short the 'Act') is an award dated 08.01.2001 passed in Motor Accident Claims Petition No. 273 of 1998 by 5th Additional District Judge, Unnao/ Motor Accident Claims Tribunal (hereinafter referred to as the 'Tribunal'), wherein in the petition filed for compensation by parents, brother and sister of deceased Imran Warsi, who died in Motor Accident, a compensation of Rs. 1,50,000/- was awarded. Dissatisfied with the amount of compensation the claimants preferred this appeal.

(2.) The brief facts of this case are that according to the claim petition one Imran Warsi, aged about 28 years, a business man having his establishment known as Silver Green, Parade Road, Kanpur, was going from Lucknow to Kanpur on 01.02.1998. When his own Maruti car having registration No. U. P. 78 R-8613 reached at Lucknow-Kanpur road near Singh Hotel, Nababganj Town within the area of Police Station Ajgain, District Unnao a bus having registration No. U. P. 32-T-7270 hit the car driven by Imran Warsi. In this head on collision bus came in wrong side. The driver driving the bus rashly and negligently in high speed lost control over bus causing grievous injuries to Imran Warsi. Imran Warsi was taken to District Hospital, Unnao from where he was referred to Kanpur. Before reaching to the hospital at Kanpur Imran Warsi succumbed to the injuries and declared death when he was at hospital in Kanpur.

(3.) It was further pleaded that deceased was the only earning member of his family. He was earning Rs. 15,000/- per month and was Income Tax payee. He paid the tax upon the income of Rs. 67,260 during the financial year 1997-98 i. e. year ending of 31st of March, 1998.