AFREEN BEGUM Vs. AFTAB QURAISHI AND ORS.

JUDGEMENT

(1.) This first appeal from order under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant against the judgment and award dated 08.07.2005, passed by the Motor Accident Claim Tribunal/Special Judge (E.C. Act), Faizabad in Motor accident Claim Petition No.226 of 2004 (Smt.Afreen Begum Vs. Mohd. Aftab Kuraisi) for enhancement of award.

(2.) The brief facts of the case are that the claimant had filed a claim petition in respect of death of his son Mohd. Irfan, aged about 7 years on 23.10.2004 at 12:30 p.m. at Shadatganj, Parikrama Road, near Harsh Automobiles. It is alleged in the claim petition that at the time of accident, the deceased was playing by the side of the road who was hit by the Jeep bearing No.UP 42 C/7070 which was being driven by its driver rashly and negligently due to which the deceased died on the spot. It is further stated that Mohd. Irfan was a bright carrier boy and was willing to be a doctor after completing his studies but due to the accident all the hopes of the family have been ruined. After the accident the matter was reported to the Police Station Cantt which was registered as Crime No.540/ 2004, under Sections 279/337/338/304A of I.P.C.

(3.) After taking the evidence and after perusing the evidence while deciding the issue no.1 the learned Tribunal came to the conclusion that the appellant has failed to prove the rash and negligent driving of the driver of the vehicle in question, as such, under "No Fault Liability" a sum of Rs.50,000/- has been awarded as compensation along with 8% interest. Hence, this appeal has been filed for enhancement of the compensation.