DEREK SMITH Vs. SMT. YASMEEN AND OTHERS

JUDGEMENT

(1.) Heard Sri A.D. Saunders, learned counsel for the appellant.

(2.) The present appeal has been filed by the appellant challenging the judgement and order dated 23.04.2008 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 16, Agra in M.A.C.P. No. 364 of 2003 (Smt. Yasmeen and Others Vs. Sri Derek Smith and Another) whereby, Tribunal has fixed the liability upon the appellant to pay compensation to the respondent nos.1 to 5 for the death of one Arif in an accident on 12.04.2003.

(3.) The brief facts giving rise to the present appeal are that one Arif on 12.04.2003 was riding moped bearing registration No.U.P. 80-E-2341, and he was hit by a scooter No. U.H.M.-8991 (hereinafter referred to as 'scooter') coming from opposite direction driven by its driver rashly and negligently near Vrindawan Hospital Rajamandi, Agra. As a result of the said accident, Arif suffered serious injuries and died. The deceased was stated to be carpenter and was earning about Rs. 3300/- per month. In the aforesaid backdrop, respondent nos.1 to 5 instituted claim petition under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act, 1988') for a compensation of Rs. 10 lac along with 12% interest.