SAFINA Vs. RAFIQ MOHAMMAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant appeal has been directed against the judgment and order dated 27.8.2012 passed in S.B.Civil Misc.Restoration Application No.76/2012 arising out of S.B.Civil Misc.Appeal No.609/2008 rejecting the same.

(3.) The run up facts in brief to the institution of the present appeal are that one Ramjan Musalman, husband of the appellant no.1 and father of the appellants no.2 and 3 met an accidental death as he succumbed to the injuries sustained by him caused due to rash and negligent driving of the auto rickshaw bearing no.RJ 27 P-4324 in which he was travelling on 5.12.2005. According to the appellants-claimants, this auto rickshaw turned turtle near Roshan Nagar Mahadev Temple at 11.30 AM on the fateful day causing severe injuries to their predecessor-in-interest, who later expired. The FIR lodged in connection with the accident was registered under sections 279 and 304A IPC. In the claim petition filed before the learned Motor Accident Claims Tribunal, Udaipur (for short, hereinafter referred to as "the Tribunal"), the appellants claimants averred that at his death, Ramjan Musalman was aged 24 years and had an income as a skilled Drum Beater and Band Player of Master Band Party of Rs. 3000/- p.m. They have further stated that the deceased in future would have formed his own Band Party and earned Rs. 8,000/- p.m. They registered a claim of Rs. 33,70,000/- under various heads.