UNITED INDIA INSURANCE CO LTD Vs. ASTARUL NISSA

JUDGEMENT

(1.) The present appeal has been filed by United India Insurance Co. Ltd., the insurer of tractor-trolley No. UP 54-0055 against the judgment and award dated 28.10.1995 passed by the 1st Additional District Judge/Motor Accidents Claims Tribunal, Mau by which a sum of Rs. 1,35,000 was awarded towards compensation, out of which the appellant has been held liable for 50 per cent.

(2.) The brief facts of the case which has been finally concluded by the Tribunal after the statement of the witnesses and the other evidence which have not been disputed now by the appellant are that on 27.7.1990 at about 2.45 p.m. bus No. UTH 9443 coming from Varanasi was driven rashly and dashed with tractor-trolley No. UP 54-0055 which was standing on the patri adjacent to the road near police lines. As a result of which, the trolley overturned and fell on Munir Ahmad causing his death. At that time, Munir Ahmad was 43 years, 7 months old. The Claims Tribunal awarded compensation of Rs. 1,35,000 to the dependants. The liability of appellant was fixed 50 per cent of the total amount of compensation. Being aggrieved by the order of the Claims Tribunal fixing 50 per cent liability on the appellant, the present appeal has been filed.

(3.) I have heard Mr. K.S. Amist, learned counsel for the appellant and Ms. Pratima Srivastava, holding brief of Mr. N.K. Srivastava and Mr. A.K. Trivedi, holding brief of Mr. J. Azmi, learned counsel for the respondents.