MARIYAM & ORS Vs. AFROJ KHAN & ORS

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the consolidated Award passed by 1st Additional Motor Accident Claims Tribunal, Ujjain in M.V. Case No. 87 of 2003 decided on 8.3.2004, wherein and whereby for death of Arab Ali, a sum of Rs. 2,37,400 has been awarded. This appeal has been preferred for enhancement.

(2.) Certain facts, which are not disputed before us, may be mentioned as hereinunder: On 5.4.2003 at about 2.30 in the afternoon Arab Ali, the deceased was travelling as a pillion-rider on a motorcycle bearing registration No. MP-13D-4382 and was proceeding from his Village Madhopura to Badnagar. At that time the motorcycle was being driven by injured Usman. According to the appellants Usman was driving the motor cycle at a slow and within a manageable speed, observing all rules of road. In the meanwhile Tempo Trax bearing registration No. MP-3K-0229 came from the opposite direction and violently hit the said motorcycle. Due to the severe impact caused to the motorcycle driver of the motorcycle and pillion rider were thrown on the ground. Usman received some bodily injury, but the pillion rider Arab Ali met with instantaneous death. At the relevant point of time the said Tempo Trax was being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. Due to the accident two claim petitions were filed before the aforesaid Claims Tribunal. Since the evidence was common both were consolidated and were disposed of analogously by a common Award. Only the legal representatives of Arab Ali have preferred this appeal for enhancement.

(3.) According to appellants Arab Ali was aged 25 years and was carrying on dairy business. He had about 20 cattle heads in his dairy and used to supply 50 to 60 litres of milk morning and evening both times to different persons at Badnagar. They have further contended that out of the said dairy business deceased used to earn Rs. 7,000 per month. He had also taken loan from Bank. The said loan stood in the name of his grand-father, who was the owner of the agricultural land which facilitated the Bank to grant loan against hypothication of the land. It has also come on record that the instalments of the said loan were being paid regularly by deceased Arab Ali only. In the light of the aforesaid documentary and oral evidence it has been continued that the amount awarded is on lower side, and deserve to be enhanced.