LAWS(ALL)-2018-10-106

ZAFFAR MANSOOR KHAN Vs. RAJU, & OTHERS

Decided On October 04, 2018
Zaffar Mansoor Khan Appellant
V/S
Raju, And Others Respondents

JUDGEMENT

(1.) The present appeal arises out of the judgment and award dated 08.09.2000 passed by Special Judge (E.C. Act)/Motor Accident Claims Tribunal, Banda in M.A.C.P No. 134/70/98 (Smt. Raju And Others Vs. Zaffar Mansoor Khan and Others), whereby the Tribunal has awarded Rs.7,54,600/- along with 12% per annum interest as compensation to the claimants-respondents for the death of one Chandra Shekhar.

(2.) A claim petition claiming compensation for the death of one Chandra Shekhar in a motor vehicle accident, was filed by the heirs and dependants of the said Chandra Shekhar (since deceased). The claim petition was registered as MACP No. 134/70 of 1998 (Smt. Raju and Ors Vs. Zaffar Mansoor Khan and Ors.) before the Motor Accident Claims Tribunal, District Banda.

(3.) In the claim petition, it was asserted that Chandra Shekhar (since deceased) while riding his bicycle met with a fatal accident on 24.02.1998 at 09:05 PM. The accident caused by collision with a motorcycle bearing registration no. UAD/1246 (hereinafter referred to as the 'Vehicle') occurred near the residence of Superintendent of Police, District Banda. It was averred that the driver of the motorcycle Tariq Zaman Khan was driving in a rash and negligent fashion resulting in the accident. The motorcycle collided with the bicycle at the rear side of the bicycle. Deceased Chandra Shekhar sustained serious bodily injuries in the aforesaid accident. He died of the injuries sustained in the said accident. A First Information Report was lodged on 25.02.1998 at Kotwali Police Station, District Banda at 12:30 PM. The claimants are the wife and the minor children of the deceased Chandra Shekhar. The said Chandra Shekhar (since deceased) was aged about 33 years at the time of his death. He was working in the Health Department. His monthly salary was Rs. 3,300/-.