SHAKEEL AHMAD @ SAOOD Vs. SUKHANAND GUPTA AND ORS

JUDGEMENT

(1.) The present First Appeal From Order arises out of judgement and decree dated 31.08.1999 passed by Motor Accident Claims Tribunal/IIIrd Additional District Judge, Banda in M.A.C.P. No. 136/70 of 1996 (Shakeel Ahmad Vs. Sukhanand Gupta And Others) (for personal injury) whereby, the tribunal has awarded a compensation of Rs. 1,09,230/- with 12% interest from the date of petition.

(2.) The claim petition was preferred by the appellant for an accident which took place on 21.01.1996 at about 02.30 P.M. near Village Kasiya on Fatehpur-Allahabad G.T. Road, District Allahabad.

(3.) It was interalia alleged in the claim petition that on the said date, Shakeel Ahmad son of Kamal Ahmad was driving an Ambassador Car No. PUN/5548 and was going from Fatehpur to Allahabad. In the said Ambassador Car, driven by the said Shakeel Ahmad, his wife Ashifa Begum along with Waseem Ahmad, Javed Ahmad, Sitara Begum, Roobi, Mois, Kamal, Bachcha, Chotu and Anwar Ahmad @ Guddu were also accompanying him. When they reached the place of occurrence, the respondent no. 2 before the Tribunal, namely Dinesh Chandra, driver of Truck No. UGK/16 who was coming from the opposite direction in a rash and negligent manner colluded with the car. The car was broken into pieces and caught fire and as a result all the passengers apart from the driver Shakeel Ahmad, were killed.