BAJAJ ALLIANZ GENERAL INS. Vs. NOOR BEGUM

JUDGEMENT

(1.) The present appeal is directed against award dtd. 31/5/2010 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred to as "Tribunal") whereby in a claim petition filed by respondents Nos. 1 and 2, compensation in the amount of Rs.3,93,000.00 has been awarded in favour of the claimants/respondents No. 1 and 2 along with interest @ 7.5% per annum, which has been directed to be satisfied by the appellant-insurance company.

(2.) Briefly stated the facts giving rise to filing of this appeal are that on 27/2/2006 at about 3.15 pm, deceased Mohd. Hanif was travelling in a tractor bearing registration No. JK02AE-3818. On reaching Nallah Chohi, Tehsil Bishnah, the said tractor met with an accident on account of its rash and negligent driving by the driver as a result of which the deceased-Mohd. Hanif suffered serious injuries and he was shifted to Sub-District Hospital, Samba where he succumbed to the injuries on the same day i.e., on 27/2/2006.

(3.) Claimants/respondents No. 1 and 2, who happen to be the mother and brother of the deceased-Mohd. Hanif, filed a claim petition before the learned Tribunal claiming compensation in the amount of Rs.23,00,000.00. Appellant-Insurance Company was impleaded as respondent No. 1 whereas, owner of the offending vehicle-respondent No. 3 herein was impleaded as respondent No. 2 to the claim petition. It was pleaded by the claimants that the deceased was working as a labourer for loading and unloading of the offending tractor and was travelling in that capacity in the offending tractor at the relevant time and that he was aged 23 years at the time of his death. It was further pleaded that the deceased-Mohd. Hanif was unmarried and that the vehicle was insured with appellant-insurance company at the relevant time. The income of the deceased was pleaded as Rs.5,000.00 per month.