HASIMA BEGUM Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) This is a claimants' appeal arising out of a judgment and award dtd. 26/4/2000 passed by the Motor Accident Claims Tribunal, Bareilly, seeking enhancement of compensation.

(2.) Motor Accident Claims Petition No.305 of 1999 was instituted before the Motor Accident Claims Tribunal/ the District Judge, Bareilly on 21/4/1999 on behalf of the five dependents of the late Shakeel Ahmad - two adults and three minors - claiming compensation for his death in a motor accident from the owner and the insurers of Truck No. UP-22-6933. According to the claimants, on 2nd of April, 1999, Shakeel Ahmad was on board Jeep No. UP-25-5646. He was deboarding passengers on one side of the road, at about half past five in the evening, parking the jeep there. In the meantime, Truck No. UP-22-6933, driven negligently and at a high speed, came on from the Kicha end and hit Shakeel Ahmad. He was grievously injured. Shakeel was conveyed to the Primary Health Centre, Baheri for medical aid and thence to the District Hospital, Bareilly for treatment. During treatment, he succumbed to the injuries.

(3.) According to the five claimant-appellants (for short, 'the claimants'), Shakeel Ahmad was a healthy and hard working young man. His sudden death brought ruin to the family. The claimants sought compensation in the sum of Rs.4,00,000.00 together with 18% annual interest. It is the claimants' case that Shakeel Ahmad was aged 30 years and would work on the jeep as an assistant and a partner to the owner. The offending truck was insured with the United India Insurance Co. Ltd. through its Divisional Manager, Rampur Garden, Bareilly (for short, 'the Insurers') vide Cover Note No. 706310, valid from 8/1/1999 to 7/1/2000. The Insurers were impleaded as opposite party No.1 to the claim petition and respondent No.1 to this appeal. The offending truck was owned by one Khalil Ahmad, who was arrayed as opposite party No.2 to the claim petition and respondent No.2 to this appeal. He is the registered owner of the truck and shall hereinafter be called 'the owner'.