NEW INDIA ASSURANCE CO LTD Vs. GULAM RASOOL

JUDGEMENT

(1.) This Misc. Appeal arises out of an award dated 25.2.1985 passed by Mr. Chandranan Singh, Additional Motor Accidents Claims Tribunal, Giridih, in Misc. (Claim) Case No. 4 of 1982, whereby and whereunder the said learned Tribunal awarded a sum of Rs. 1,03,680/- with interest at the rate of 12 per cent per annum from the date of filing of the claim petition to the date of the realisation of the awarded amount.

(2.) In view of the points involved in this application, it is not necessary to notice the facts of the matter in great detail.

(3.) Suffice it to say that one Abdus Salam, son of the applicant-respondent Nos. 1 and 2, on 12.1.1982 was travelling in a maxi taxi bearing registration No. BHW 1610 belonging to Qumruddin Ansari, respondent No. 3 and which was being driven by Md. Imamuddin, respondent No. 4. The said maxi taxi at about 3 a.m. on the aforementioned date met with an accident while coming from Dhanbad to Chatra and being driven by the respondent No. 4 in great speed rashly and negligently as a result whereof it dashed against a tree near the Bhuiantola Nimighat and turned upside down. The said Abdus Salam received injuries on the head and other parts of the body and ultimately died. According to the applicant-respondent Nos. 1 and 2, the deceased at the relevant time was aged about only 22 years and had a monthly income of Rs. 2,000/-. It was further stated that the deceased was a good maker of brief cases being of export quality.