CHIEF ENGINEER IRRIGATION DEPTT., Vs. TABASSUM

JUDGEMENT

(1.) This is a batch of two appeals filed by the State under Sec. 173 of the of the Motor Vehicles Act, 1988 (hereinafter referred to as Act of 1988) assailing the award dtd. 25/2/2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 13, Lucknow in two Claim Petitions bearing No. 292 and 293 of 2009 whereby in a death case in Claim Petition No. 292 of 2009, a sum of 2,13,200/- alongwith 6% interest per annum has been awarded whereas in Claim Petition No. 293 of 2009, a sum of 1,16,400/- alongwith 6% interest per annum has been awarded in favour of the claimant-respondents.

(2.) Facts indicate that on 24/4/2009, Aftab Husain alongwith his son Tanveer Husain was travelling on a motorcycle to visit their relative. When they reached near Bahad Gram Khushalganj, Mohaan Road, Police Station Kakori, the offending Truck bearing number URA 9406 which was being driven rashly and negligently, hit the motorcycle, as a result, both Aftab Husain and his son Tanveer Husain sustained grievous injuries. They were taken to the Trauma Centre at Medical College, Lucknow where during his treatment Aftab Husain expired on 24/4/2009 while his son Tanveer Husain expired during his treatment on 1/5/2009. Both of them were survived by the claimant-respondent Smt. Tabassum (daughter of the Aftab Husain and sister of Tanveer Husain).

(3.) It is in the aforesaid context that Tabassum instituted two separate claim petitions, one relating to the death of her father which came to be registered as Claim Petition No. 292 of 2009 and the other claim petition in respect of her brother Tanveer Husain which was registered as Claim Petition No. 293 of 2009. Both the claim petitions were contested by the State who denied the accident and further alleged that it was the deceased who was not careful while driving the motorcycle and as such on account of their own negligence the accident occurred and not on account of negligence of the Truck bearing number URA 9406.