NATIONAL INSURANCE COMPANY LTD Vs. MOBEEN BEGUM

JUDGEMENT

(1.) RAJEEV Gupta, C. J. The impugned Award dated 16-12-2004 passed by Motor Accident Claims Tribunal / District Judge, Nainital in MACP. No. 40 of 2004 gave rise to the filing of these two appeals (A. O. No. 109 of 2005 and A. O. No. 238 of 2006 ). A. O. No. 109 of 2005 is at the behest of National Insurance Company Ltd. , the insurer of the offending vehicle Ar mada, whereas the other appeal A. O. No. 238 of 2006 is by the claimants for enhancement of the compensation.

(2.) THE claimants, who are unfortunate widow and minor children of deceased Mohammad Ahmed, claimed compensa tion of Rs. 29,95,000/- for his death in the motor accident, when in the evening of 03-09-2003 his motorcycle was dashed by the offending vehicle Armada Jeep bearing registration No. U. P-4c-1102 resulting in serious injuries to Mohammad Ahmed, who succumbed to those injuries on his way to Hospital. On the report of Shafeeq Ahmed, a criminal case was registered against the driver of the offending vehicle Armada. THE claimants further pleaded that deceased Mohammad Ahmed used to earn Rs. 8,000/- per month.

(3.) THE Tribunal, on the evidence led by the parties, held that Mohammad Ahmed sustained injuries in the accident on 03-09-2003 and succumbed to those injuries; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle Armada; and the insurer of the offending vehicle Ar mada was liable to pay compensation to the claimants.