JAKIR HUSSAIN Vs. DINESH

JUDGEMENT

(1.) All these five appeals are arising out of the common award dated 20/07/2010 passed by Member. Motor Accident Claims Tribunal, Bhanpura, Distt. Mandsour in Claim Case No. 15/2007, Claim Case No. 23/2007. Claim Case No. 14/2007. Claim Case No. 24/2007 and Claim Case No. 32/2007 whereby the Tribunal awarded the sum of compensation in the case of death and injuries in the respective cases.

(2.) As per Claim averments, on 10/05/2007 Ashfaq along with his friends Areef and Mustafa were standing at new bus stand, Bhanpura near Vijay Stambh with the motorcycle Hero Honda Splender. At about 10.20 p.m. in the night Mahindra Pickup Jeep bearing registration No. M.P. 14-G.A./0157 driven rashly and negligently by the driver-non-applicant No.1, dashed to them and also to Mustafa, Shabbeer, Fareed, Jeeshan, Ashraf and Bilal, wherein Ashfaq and Areef were died and other persons received injuries. Legal heirs and injured persons have filed their claim petition seeking compensation before Motor Accident Claims Tribunal.

(3.) In Claim Case No. 14/2007Ashfaq is the deceased and his widow, son, daughter, mother and father residing jointly filed claim petition. It is contended that he was the owner of Truck bearing No.RJ-33-GA/O171 and a Trollar No. RJ- 33-GA/0470 having earning Rs.30,000/- per month. He was also the President of Rajeev Matsya Udyog Sahakari Samiti Maryadit, Bhanpura and have earning from fishing work however, compensation to the tune of Rs.16,65,000/- has been prayed for.