ANSARA BEGUM Vs. HARNAM SINGH

JUDGEMENT

(1.) These three appeals under Section 110-D of the Motor Vehicles Act, 1939, (hereinafter referred to as 'the Act') are in respect of death of two persons in an accident while going on a motor cycle. Since the three appeals arise out of common judgment and involve same question they are heard together and are disposed of by this judgment.

(2.) On 19.4.1977 Nizam Ali, an employee of a fertilizer store, was going on his motor cycle with Ahmad Husain. Nizam Ali was driving the motor cycle and Ahmad Husain was pillion rider. Motor cycle collided with truck No. UTF 1359 which was coming from the opposite direction. As a result of this accident Ahmad Husain, the pillion rider, died on the spot sustaining fatal injuries. Nizam Ali who also sustained severe injuries was removed to hospital for treatment where he died later.

(3.) Asserting that accident was on account of negligence in driving of the truck, widow of Nizam Ali and their minor daughter aged two years filed an application for compensation of Rs. 2,00,000/-. Widow and four daughters of Ahmad Husain claimed compensation of Rs. 2,00,000/in a separate claim application. Mother and two sisters of Ahmad Husain were added as opposite parties. Claims were made against driver, owner and the insurer of the truck. Both applications were heard together and one set of evidence was brought to record.