MOHD UNUS Vs. RAIS

JUDGEMENT

(1.) AS both the aforesaid appeals arise out of an accident occurred on 17.8.2004, they are taken up together for common orders. At the outset, it is relevant to mention here that Mohd. Yunus and Ajmat Ali, who are the appellants in FAFO No. 808 of 2010 have filed this appeal for enhancement of compensation awarded by an Award dated 4.11.2009 passed by the Motor Accident Claims Tribunal in Claim Petition No. 6 of 2009, whereby the Tribunal has directed the respondents to pay Rs. 1,82,000/ - alongwith interest. According to the appellant, deceased was a carpenter and was a skilled labour, who was earning not less than Rs. 3,000/ - per month. However, the Tribunal did not find the income reliable as claimed by the claimants. Accordingly, the Tribunal assessed the income as Rs. 15,000/ - per annum on the basis of second schedule.

(2.) IT is relevant to point out here that the Tribunal has directed that 50% of the compensation amount shall be paid jointly by opposite party Nos. 1 and 4, whereas opposite party No. 2 shall pay the remaining 50% amount of compensation. The Tribunal further directed that it will be open for the Oriental Insurance Company (opposite party No. 4) to recover the amount from the opposite party No. 1 (Rais).

(3.) RAIS , who is respondent No. 1 in FAFO No. 808 of 2010, has filed separate appeal bearing FAFO No. 507 of 2010 inter alia on the ground that the Tribunal committed an error in granting liberty to the insurance company for recovering the awarded amount from the appellant/owner of the vehicle. It may be pointed out that Rais is the owner of Mini Truck No. UP -40 -5321 which had collided with Jeep No. UP -40/8485.