ARJUN SINGH HUKUM SINGH & ANR. Vs. SHAMIM AHMAD & ORS.
LAWS(UTN)-2012-8-65
HIGH COURT OF UTTARAKHAND
Decided on August 31,2012

Arjun Singh Hukum Singh And Anr. Appellant
VERSUS
Shamim Ahmad And Ors. Respondents

JUDGEMENT

B. S. Verma, J. - (1.) Heard learned counsel for the appellants as well as learned counsel for the Oriental Insurance Company-respondent No. 4 and perused the record.
(2.) This is claimants' appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') is directed against the judgment and award dated 22-3-2012 passed by the Motor Accident Claims Tribunal/Additional District Judge, Kashipur, District Udham Singh Nagar (for short 'the Tribunal') in Motor Accident Claim Petition No. 213 of 2011, Arjun Singh and another v. Shamim Ahmad and others , whereby the claim petition filed by the claimants has been decreed for compensation of Rs. 2,39,000/- along with simple interest @ 7% per annum payable by the Insurance Company-respondent No. 4.
(3.) Relevant facts giving rise to the present appeal according to the claimant-appellants are that on 9-5-2011, at about 3 p.m. Shamsher Singh, the son of the claimants lost his life in a motor accident, which occurred in front of Petrol Pump within the limits of P.S. Kunda on Jaspur-Kashipur Road, involving Canter No. U.A.05/3046, which was being driven rashly and negligently by its driver. The deceased was going on Tractor Trolley No. U.K.06 P/3562. The said Canter hit the tractor trolley on wrong side. Shamsher Singh suffered grievous injuries in the accident. He was brought to Kashipur Hospital for treatment, where he succumbed to the injuries. The report of the accident was lodged with P.S.Kunda and a case under Sections 279, 304-A, Indian Penal Code was lodged against the driver of the offending vehicle. Autopsy on the dead body of Shamsher was conducted at Government Hospital Kashipur. According to the claimants, the deceased was a healthy person of 20 years and he was earning a sum of Rs. 5,000/- from sale of milk. The deceased was the only bread-earner of the family of claimants. The claimants being father and mother and dependent upon the deceased have filed the claim petition against the owner, driver and insurer of the offending vehicle, for compensation of Rs. 8,00,000/- on different counts.;


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