SHAFEENA BEGUM Vs. MOHAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred for enhancement of compensation being aggrieved by the award dated 15th May, 2007 passed by Additional Motor Accident Claims Tribunal, Jabalpur in M. V.C. No. 124/2006, where by the claim petition of the appellants has been allowed in part and the respondents are directed to pay the compensation of Rs. 96.000/ - with interest at the rate of 6% per annum on account of death of Sheikh Mubeen caused in a motor accident.

(2.) THE facts of the case in short are that on 22nd May, 2006 Sheikh Mubeen was going on motorcycle to Devi Suraiya. His friend Shaikh Aleem was also going with him in another motorcycle. As soon as they reached on the turning of Devi Suraiya at the same time respondent No. 1 by rashly and negligently driving Hero Honda Spelndor No. MP 20 MA 8776 dashed against the motorcycle of Sheih Mubeen on account of which he fell down, sustained the injuries and died on the spot. The report was lodged at police station Patan where the Crime No. 147/2006 under Section 304 -A of I.P.C. was registered.

(3.) THE respondents No. 1 submitted their written statement denying the averments of the claim petition mainly contending that this accident occurred due to negligence of the deceased himself. It was further pleaded that he was having the valid driving licence.