FARUQQUZ ZAMA Vs. PREM BABU TOMER AND ORS

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondents.

(2.) THIS is an appeal preferred against judgment dated 20th July 2010 passed in Claim Case No. 105/2009 by District Judge cum Claim Tribunal, Samastipur, awarding compensation of Rs. 10,00,000/ - with interest @ 6% from the date of filing of application till actual payment against death of deceased Ayesha Musharf @ Kahkashan, who was the wife of the appellant and mother of respondent nos. 4 to 7 who were claimants, with a case that on 01.06.2009 at about 11 A.M. at NH -31 in village Pokhariya under Balia Police station in the district of Begusarai, and Truck Bearing Registration No. MP06HC/0390 was coming from Begusarai in opposite direction and dashed with a Commander Jeep bearing Registration No. BR9B -1842 causing injuries upon several occupants of the Jeep resulting into death of Ayesha Musharf @ Kahkashan aged 35 years besides others and Balia P.S. Case No. 99/2009 was instituted relating to accident and the deceased lady having monthly income of Rs. 30,000/ - from her business of Boutique namely 'Malika Fashion' at Navi Mumbai, Maharastra, an income tax payee claim of Rs. 10,00,000/ - with 10% interest was put forward. The Claim Tribunal allowing the claim as observed that though the claimants are entitled to approximately Rs. 15,00,000/ - but claim is only for 10,00,000/ -, hence, he awarded the amount as claimed. This perhaps the main reason behind present appeal.

(3.) IT is contended on behalf of the appellant that the claimants are entitled for a substantial amount, but they have been deprived of. On behalf of insurer respondent, it is submitted that amount awarded has already been paid in spite of the fact that claim application itself is defective. Even it suffers non joinder of other vehicles involved in the accident shifting the liability based on the extent of negligence shown and that apart amount claimed and awarded is exorbitant.