Bhoori vs Ashraf - 2021 Supreme(All) 1311

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1311

Bhoori – Appellant
Versus
Ashraf – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Abhai Saxena, Krishna Kumar Singh, Mohd. Asim Zulfiquar.
For the Respondent: S.C. Srivastava.

JUDGMENT :

1. By way of this appeal, the claimants-appellants who are legal heirs of the deceased have challenged the judgment and order dated 15.09.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Moradabad (hereinafter referred to as ‘Tribunal’) in M.A.C.P. No. 156 of 2007. The appellants’ claim petition for compensation on account of the death of the sole bread earner came to be dismissed by the Tribunal.

2. The brief facts as culled out from the record, which is placed before this Court are that at 07:00 A.M. when deceased after completing his duty on 13.01.2006 was plying his cycle at that point of time at a place known as turning Bheetkheda, a truck bearing No. HR-55/6244 came on the wrong side rashly and negligently and dashed the cyclist. Shyam Lal-deceased suffers serious injuries. The deceased before succumbed to injuries, taken up for medical aid as he had suffered several injuries but during his treatment he succumbed to the injuries. The deceased was 40 years of age and he was serving with Northern Indian Railway Mandal as a gang-