ASGARI AND ORS Vs. KHURSHEED AND ORS

JUDGEMENT

(1.) Vide this judgment, I intend to dispose of two appeals bearing FAO NO. 1019 of 1994, titled as Smt. Asgari and Ors. v. Khursheed and Ors. and FAO No. 497 of 1994, titled as Hamida v. Smt. Asgari and Ors.

(2.) Briefly stated, Smt. Asgari-widow, Baby Mubina, daughter and Sht. Chhutia-mother of Rohitan, filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation on account of death of Rohitan in a motor vehicular accident.

(3.) It is pleaded that on 27.11.1991, at about 8.30 A.M. Rohitan was present at the bus stand of village Devla in order to board a bus. A truck No. HRL-1674 driven by Khursheed - respondent No. 1 in a rash and negligent manner came there from the side of the hillocks and without blowing any horn, rammed into said Rohitan, who was standing on the kacha berm besides the road. On that account, Rohitan suffered multiple fractures and injuries and he succumbed to his injuries.