AB RASHID Vs. SURAM SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Jammu dated 18 -11 -96. By means of the impugned award, compensation in the sum of Rs.1,34,500/ - has been awarded in favour of the appellants with 12% interest from the date of filing of claim petition i.e. 2.5.95 till the award is satisfied by respondent -3. Appellants in this appeal prayed for enhancement of compensation according to them compensation awarded is to just as required under law.

(2.) BRIEFLY stated facts of this case are that on 03 -3 -1995 deceased Abdul Latif aged about 15 years, who was a student of 8th class was returning after offering prayers at Mosque at Banihal as it was Id -ul -Fiter. Both the deceased and his grandfather were on their side of the road when from behind speeding truck bearing registration no. PB -02E 9947 came hit and crushed the deceased, which resulted in his instant death. Suram Singh was the driver and M/s Suresh Kumar Rikhi Ram were the owners of the truck in question. It is further not in dispute that on the date of accident, vehicle stood insured with respondent -3.

(3.) HERE it may be appropriate to notice that the facts had been elaborately stated in the claim petition filed by the appellants and when reference is made to the reply filed by respondents -1 and 2 i.e. owner and driver, what to talk of denying facts very cryptic reply was filed without denying the fact of accident having taken place as well as the deceased having died as consequence of such accident. In order to properly appreciate this aspect of the cases hereinafter, reply filed by both of them is reproduced herein below: