MOHD MOINUDDIN Vs. HALIMAN NISHA

JUDGEMENT

(1.) This misc. appeal is directed against the judgment and award of the Addl. Claims Tribunal, Hazaribagh whereby he allowed compensation of Rs. 96,000 with interest of 12 per cent per annum from the date of institution of the claim up to the date of realisation from opposite party No. 1, owner of the vehicle truck bearing No. BHM 1207 which was the subject-matter of the accident.

(2.) It may be mentioned here that two claim cases bearing No. 8 of 1986 and No. 95 of 1985 arising out of the same accident were filed. Hence both the aforesaid cases were disposed by a common judgment. Claim Case No. 8 of 1986 was filed under section 92-A of the Motor Vehicles Act whereas Claim Case No. 95 of 1985 was filed under section 110-A of the Motor Vehicles Act and in both the cases the parties were the same. Being aggrieved and dissatisfied with the aforesaid order Md. Moinuddin alias Gural Mohiuddin, the owner of the vehicle in question has filed this appeal.

(3.) Brief facts leading to this appeal may be stated as follows: On 22.9.1985 at about 6 p.m. Shamim Ahmad was sitting along with Gaya Prasad and Ganga Ram. At that time truck No. BHM 1207 which was being driven by Karu Gope, OP 2, rashly and negligently dashed against Shamim Ahmad as a result he received serious injuries. He was removed to CCL Hospital, Barkakhana and from there to Ranchi but he died on the way. The claimants claimed that Shamim Ahmad was the only earning member of their family. The claimants submitted that they are the heirs of the deceased Shamim Ahmad. It was also contended that Shamim Ahmad was tailor by profession and his monthly income was Rs. 1,500. On that basis a sum of Rs. 2,45,000 was claimed as compensation and interim compensation of Rs. 15,000 was claimed under section 92-A of the Motor Vehicles Act.