RAIS MIYAN Vs. SANJAY BOHRA

JUDGEMENT

(1.) RAJEEV Gupta, C. J. This is claimants' appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal / Dis trict Judge, Nainital vide Award dated 01-01-2005 passed in Motor Accident Claim Petition No. 214 of 2003.

(2.) THE claimants, who are unfortu nate parents and sisters of deceased Mohammad Asif, claimed compensation of Rs. 10,00,000/- for his death in the motor accident on 04-11-2003 when he was dashed by the offending vehicle Can ter bearing registration No. UA 04/2189 re sulting in serious injuries to Mohammad Asif, who succumbed to those injuries the same day. THE claimants pleaded that de ceased Mohammad Asif was aged about 22 years and used to earn Rs. 4,500/- per month as Mason.

(3.) THE Tribunal, on a close scrutiny of the evidence led by the parties, held that deceased Mohammad Asif died on account of the injuries sustained by him in the motor accident on 04-11-2003; the accident occurred due to the rash and neg ligent driving of the driver of the offend ing vehicle Canter; and the insurer of the offending vehicle Canter was liable to pay compensation to the claimants.