SMT. TAHIRA KHATOON AND ORS. Vs. MAHENDER LAL ARORA AND ANR.
HIGH COURT OF UTTARAKHAND
Smt. Tahira Khatoon And Ors.
Mahender Lal Arora And Anr.
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Rajeev Gupta, J. -
(1.)This is claimants' appeal, under Sec. 173 of the Motor Vehicles Act, for enhancement of the compensation awarded by the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar vide Award dated 18 -02 -2005 passed in M.A.C.P. No. 118 of 2003.
(2.)The claimants, who are unfortunate mother, sisters and brother of deceased Afzal @ Guddu, claimed compensation of Rs. 15,00,000/ - for his death in the motor accident on 08 -04 -2003 when his motorcycle was dashed by the offending vehicle Truck bearing registration No. DL1 -LE -5123 resulting in multiple serious injuries to Afzal @ Guddu, who succumbed to those injuries on the spot itself. The claimants pleaded that deceased Afzal @ Guddu used to earn Rs. 4,000/ - per month as Supervisor in M/s Balaji Brick Works, Thakurdwara.
(3.)The owner and insurer of the offending vehicle Truck contested the claim and denied their liability to pay compensation to the claimants on the plea that the motorcyclist himself was negligent and as such was responsible for the accident. The owner further pleaded that as the Truck was insured, the liability to pay compensation, if any, would be that of the Insurance Company.
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