MOHI-UD-DIN Vs. GH MOHD SHAHI

JUDGEMENT

(1.) THESE two appeals arise out of the award of the Motor Accidents Claims Tribunal, Srinagar dated 3 -4 -1978, made in Claim petition No. 33 of 1978. The Tribunal has awarded Rs. 1,03,200 as compensation to the claimants for the death of Mohammad Ashraf, who died by an accident caused by the rash and negligent driving of the truck driven by Abdul Qayoom Wani, owned by Mohi -ud -Din and insured with New India Insurance Company. Both Mohi -ud -Din, the owner of the truck, Abdul Qayoom, the driver as also the New India Insurance Company have filed separate appeals against the award made by the Tribunal. This single judgment will dispose of both the appeals.

(2.) THE facts that have given rise to these appeals are that Ghulam Ahmed Shah, the father and Mst. Azima Bano the mother of Mohammad Ashraf Shah, the deceased, a boy of 17 years of age filed claim petition before the Motor Accident Claims Tribunal, Srinagar alleging that on 5 -6 -1976, Mohamad Ashraf Shah, their son, was going on a bicycle near Tulsi Bagh Srinagar, when he was run over by the truck driven by Abdul Qayoom Wani, and owned by Mohi -ud -Din. The accident resulted in the death of the deceased which was caused due to negligent and rash driving of the driver. The claimants submitted that the boy was an earning hand of the family and the monthly income of the family was Rs. 300/ - through the deceased. According to the petitioners, taking the average age of the family, the boy was to live for 63 years more. On this basis, they claimed Rs, 1,20,000/ - as compensation.

(3.) THE claim was resisted by the appellants. It was Inter -alia pleaded that the accident did not take place as a result of the negligence and rash driving of the driver. The following issues were framed in the case.