JALISA BEGUM Vs. JAGDISH SAHU

JUDGEMENT

(1.) This appeal has been preferred by the claimants for enhancement of compensation amount being aggrieved by award dated 27-11-04 passed by the First Additional Motor Accident Claims Tribunal, Chhatarpur in Claim Case No. 58/1996 whereby the claim petition filed by the petitioner Smt. Jalisa Begum and Manzoor Khan has been dismissed.

(2.) The admitted facts of the case are that the respondent no.2, Smt. Mammidevi Chourasia was the owner of bus No. UP-78B-9243, the respondent no.1, Jagdish Sahu was driver and the respondent no.3, the Oriental Insurance Company Ltd. was the insurer of the bus on the date of accident.

(3.) The case of the appellants in a nutshell is that Smt. Jalisa Begum was legally wedded wife of the deceased Maksud Ali and Manzoor Khan was the son of Jalisa Begum and the deceased. The age of Maksud Ali was 26 years and he was a Paledar and he was earning Rs. 125-150 per day. On 15-7-96 Maksud Ali went to Bizawar for his work of labour. At about 10:00 A.M. he was sitting near Ashok-ki-lat. The respondent no. 1 by driving bus No. UP-78B-9243 rashly and negligently dashed Maksud Ali. Maksud Ali was badly injured and succumbed to the injuries. The appellants were dependent upon the deceased Maksud Ali. They filed claim petition No. 58/96 for Rs. 9,80,000/- along with the parent of the deceased Shafi Mohammad @ Dhannu Khan and Smt. Mahmudan Begum.