ANSARI MOHAMMAD Vs. HARI RAM

JUDGEMENT

(1.) ANSARI Mohammed (A1), the son and Munna Khan (A2), is father were awarded compensation of Rs. 22,000/- each with interest at the rate of 12% per annum since 18.8.1999 against all three respondents in claim case numbers 19/98 and 22/98 which were tried and decided together on 7.2.2001. Both these appeals are for enhancement of compensation amount. There has been no cross-appeal or cross-objection under Order 41 Rule 22 of the Code of Civil Procedure by any of the respondents.

(2.) BOTH of the appellants have been vegetable vendors. They were travelling with their vegetables on 18.11.1990 in a mini truck owned by Vijay Kumar (R2) and driven by Hariram (R1) and insured with United Insurance Company Limited (R3). Due to negligent driving of the mini truck the same collided with a tree and was overturned. Munna Khan (A2) had suffered following injuries on his person vide Ex. P/6:

(3.) BEFORE the Tribunal Munna Khan (A.W. 1), his son Ansari Mohammad (A.W. 3) and another vegetable vendor Nawal Kishore Dubey (A.W. 4) were examined besides Dr. V.N. Nagarch (A.W. 2). Hariram (R1), mini truck driver was not examined. From statement of Munna Khan (A.W. 1), his son Ansari Mohammad (A.W. 3) and Nawal Kishore (A.W. 4) it was well proved that negligence of driver Hariram (R1) was the reason of the accident and injuries caused to both the appellants. Such finding has not at all been challenged before this High Court and have become final.