KULSUM BAI Vs. JAGDISH

JUDGEMENT

(1.) HEARD. This appeal has been preferred by the original petitioners/appellants herein, and challenged the Judgment and Award dated 21st September, 1995, passed by the Motor Accident Claims. Tribunal, nagpur (for short 'the Tribunal'), in Claim Petition No. 492/1994, whereby the respondents were jointly and severally directed to make payment of compensation of Rs. 1,75,000/- together with proportionate cost and interest 12% from the date of petition i. e. 7th January, 1992. However, being dissatisfied with the same, the appellants have preferred this appeal for enhancement of the compensation.

(2.) THAT on 8th August, 1991 the deceased Zahid Hussain, while travelling in Mini Truck No. MWZ 5268 from Amravati to Nagpur met with an accident with another Truck bearing No. MP 23. 3158, belonging to the respondent No. 1, and insured with the respondent No. 2. Therefore, an application under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act'), in question came to be filed by the appellants. The appellant No. 1 is wife, the appellant Nos. 2 and 4 are daughter and the appellant No. 3 is a son of the deceased Zahid Hussain. The appellants in all claimed the total compensation of Rs. 7 lakhs, read with 18% interest thereon.

(3.) THE respondent No. 2, New India Assurance Company Limited (for short 'insurance Company'), contested the said claims. The respondent No. 1 jagdish Singh, never appeared before the Tribunal or contested the said proceedings. Therefore, the basic averments in respect of incident and accident and the claims as made by the appellants remained untouched and uncontroverted. The appellants led evidence of (1) Aishabi, (2) Kulsumbai -Appellant No. 1, and (3) Manohar - Employer of the Deceased. The Tribunal alter considering the material, as well as evidence placed on the record, held that the death of Zahid Hussain was due to rash and negligent driving of the vehicle owned by the respondent No. 1, and therefore, awarded the compensation of rs. 1,75,000/- to be paid by the respondents jointly and severally. The appellant therefore, being dissatisfied with the award have preferred this appeal.