SANJEEDA KHATOON Vs. MOHAMMAD SHER ALI

JUDGEMENT

(1.) Heard the parties. Appellant was wife of Md. Miyajan Ansari, son of Md. Sher Ali of village Kundi, District Ranchi. Her husband died in a motor accident dated 13.5.1989. She along with parents of her deceased husband filed Compensation Case No. 82 of 1989 under section 166 of the Motor Vehicles Act, 1988 before Motor Accidents Claims Tribunal, Lohardaga, which was disposed of by order dated 25.8.2000. She is aggrieved by the observation made in the said order that if Sanjeeda Khatoon, widow of the deceased is remarried with another person after the death of her husband, she will not be entitled to get any amount of compensation and in that case entire amount would be received by parents of the deceased.

(2.) There was a delay of about 8 months in filing the appeal. Hence, I.A. No. 1233 of 2002 at flag 'B' was filed to condone the delay. Show-cause notice-in appeal as well as on condonation application was issued to the respondents on 30.7.2002. Thereafter they have appeared. For the reasons stated in the condonation application at flag 'B' delay in filing the appeal is condoned.

(3.) Md. Miyajan Ansari was employed as khalasi on the vehicle No. BEN-6116 which met with an accident on 13.5.1989. The accident was caused due to rash and negligent driving. Miyajan Ansari sustained serious injuries. He was brought to Holi Family Hospital, Mandar and thereafter he was referred to R.M.C.H., Ranchi, where he expired in the course of treatment on 20.5.1989. He was 20 years old and was earning Rs. 900 per month besides Rs. 250 for fooding. The vehicle in question was insured with Oriental Insurance Co. Ltd. at the relevant time.