LAWS(RAJ)-2016-9-250

SMT. NALINI WIDOW OF SHRI NARENDRA Vs. SAJAD KHAN SON OF LIYAQAT KHAN PATHAN, RESIDENT OF SHYAMGANJ MOHALLA, BARAKHARI BARDI, UTTAR PRADESH

Decided On September 27, 2016
Smt. Nalini Widow Of Shri Narendra Appellant
V/S
Sajad Khan Son Of Liyaqat Khan Pathan, Resident Of Shyamganj Mohalla, Barakhari Bardi, Uttar Pradesh Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 05.08.1999 passed by the Motor Accident Claims Tribunal, Udaipur ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 2,52,000.00 as compensation to the appellants alongwith interest @ 6% per annum w.e.f. the date of application i.e. 11.05.1990.

(2.) The application for compensation was filed by wife/children/mother of one Narendra, inter alia, with the averments that the deceased was travelling in a Video Coach (Bus) No. R.R.E-99 from Ahmedabad to Nathdwara on 08.02.1990, when a Truck No. URW-35, which was being driven rashly and negligently by Sajad, collided with the said Bus, resulting in injuries to Narendra, to which, he succumbed. It was claimed that the deceased was a partner in partnership firm and was earning Rs. 36,000.00 annually, aged 43 years and based on the said submissions, compensation was sought.

(3.) The application was resisted by the non-claimants.