NEW INDIA ASSURANCE CO LTD Vs. MOHD ASHFAQ

JUDGEMENT

(1.) This is an appeal under Section 110B of the Motor Vehicles Act, 1939, against the award dated August 31, 1976, made by the Motor Accidents Claims Tribunal, Bareilly (II Additional District Judge, Bareilly), decreeing the claim for a sum of Rs. 24,000 with pendente lite and future interest at 6% per annum up to October 31, 1976, and 10% per annum on the sum of Rs. 24,000 from November 1, 1976, onwards. It was directed that the primary liability would be of opposite party No. 4, Northern India General Insurance Company, and opposite party No. 5, New India General Assurance Co., with which the former company had merged and opposite parties Nos. 4 and 5 were allowed time till October 31, 1976, to pay the sum of Rs. 24,000 along with interest.

(2.) The facts giving rise to this appeal are that on July 10, 1969, at 11 a.m. one Mohd. Ishaq, aged about 37 years, was the victim of an accident on Bareilly-Rampur Road within the limits of village Jauharpur, P.S. Izat-nagar. The deceased was going on a cycle on the link road where a culvert was under construction. Truck No. USR 2825, driven by opposite party No. 1, Jehangir, came at a fast speed and dashed against the deceased as a result of which he came under the wheels of the truck and died. A first information report of the accident was lodged by P.W. 2, Abdul Karim, the father of the deceased, at about 1.15 p.m. on the same day.

(3.) The claimants are the sons and daughters of Mohd. Ishaq, deceased. They filed a petition for recovery of Rs. 72,000 as compensation. It was said that the income of the deceased was more than Rs. 300 per mensem from cloth business. It was alleged that the accident took place due to rash and negligent driving of the truck.