MOHAMMAD YUNUS Vs. MUSTAQ ALI

JUDGEMENT

(1.) This appeal is directed against the award dated 17.9.1993 of the Motor Accidents Claims Tribunal, Sehore in M.C.C. No. 50 of 1993.

(2.) Accident took place on 27.2.1989. Mohd. Ibrahim, aged 20, was cleaner of the truck bearing No. MBC 8357. He was earning Rs. 950 per month. Allegation is that the accident took place due to negligence of driver of the truck. Accident took place on 27.2.1989 and deceased Mohd. Ibrahim died on 3.3.1989 in the hospital. Defence taken is that the accident did not take place and, therefore, the deceased did not die on account of alleged accident. It was alleged that the deceased was found injured and was shifted to the hospital. The vehicle was insured with Oriental Insurance Co. Ltd., Berasia Road, Bhopal.

(3.) On the pleadings of the parties, five issues were framed by the Claims Tribunal and after trial, it is found that the accident had taken place due to negligence of the driver resulting into death of Mohd. Ibrahim. The driver was proceeded ex pane. It is found that the claim against the respondents was time-barred. Ultimately, the compensation of total sum of Rs, 40,000 has been awarded inclusive of Rs. 25,000 (interim compensation) with interest at the rate of 12 per cent per annum from the date of application till the date of payment.