SHYAMU Vs. RASHID AHMAD

JUDGEMENT

(1.) This is a claimants' appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'Act, 1988') against the judgment and order dtd. 6/3/2010 passed by the Motor Accident Claims Tribunal, Court No. 1, Shahjahanpur (hereinafter referred to as, 'Tribunal') in Motor Accident Claim Petition No. 9 of 2005 (Shyamu and Others Vs. Rashid Ahamad and Others).

(2.) In view of the office report dtd. 2/1/2019 service of notice on the defendants-respondents is deemed sufficient. Nobody has appeared for opposite party Nos. 1 and 2. Shri Ajai Singh, Advocate, appeared for opposite party No. 3 and was heard in opposition to the present appeal.

(3.) The appellants instituted Motor Accident Claim Petition No. 9 of 2005 claiming compensation of Rs.8,48,000.00 from the defendants-opposite parties for death of Smt. Rama Devi. The claim petition was filed in December, 2004. Appellant No. 1 is the husband of Smt. Rama Devi and appellant Nos. 2 to 7 are the sons and daughters of Smt. Rama Devi. Appellant Nos. 2 to 7 were minor at the time of death of Smt. Rama Devi. It is alleged in the claim petition that on 11/10/2004, Smt. Rama Devi was going with Radhey Shyam (brother of appellant No. 1) to purchase medicine for her son- appellant No. 7. Smt. Rama Devi was sitting on the back-carrier of the bicycle of Radhey Shyam. It is alleged that a truck bearing Registration No. U.P. 31 E 0242 (hereinafter referred to as, 'offending vehicle') hit the bicycle, as a result of which Smt. Rama Devi fell down and suffered injuries causing her death. It is alleged that the accident occurred due to rash and negligent driving of the offending vehicle by its driver. In the claim petition the age of the deceased is stated to be 32 years. It is stated in the claim petition that the deceased was working as a household helper and earned Rs.6,000.00 per month. It is stated that the vehicle was insured with the National Insurance Company Limited, Divisional Office Sadar Bazar, Shahjahanpur, i.e., opposite party No. 3. Opposite party Nos. 1 and 2 are the owner and the driver of the offending vehicle.