UNION OF INDIA Vs. HAZARA

JUDGEMENT

(1.) This civil misc. appeal has been preferred against the award/judgment dated 14th July, 2010 passed by the Judge, Motor Accident Claims Tribunal, Kota in Claim Case No. 591/2006 whereby the claim petition filed by respondent-claimant Nos. 1 and 2 has been allowed and award for Rs. 3,10,000 has been passed in favour of the claimant- respondents.

(2.) Brief facts of the case are that the respondent-claimants filed a claim petition before the Motor Accident Claims Tribunal, Kota against the appellant respondent Nos. 3 and 4 on account of alleged loss suffered by them due to death of Fakruddin, who died in the road accident alleged to have occurred on 15.7.2006 near Ghantaghar Chauraha, Kota when deceased was going by his Motorcycle No. RJ-08-M-4967 from Kotadi to Ghantaghar when Army Truck bearing its registration No. 04-C-069954-K-332 which was belonged to Defence/Military which was hit behind the said motorcycle by which Fakruddin fell down and sustained grievous injuries. He was taken to the hospital where doctors stated that he was no more. After the accident the Police lodged the report at Police Station Nayapura, Kota.

(3.) Respondent No. 1-widow of the deceased, respondent No. 2-son of the deceased have filed claim petition before the Motor Accident Claims Tribunal, Kota claiming Rs. 10,37,000 as compensation.