SADHANA VISHWAS vs MOHD. AZHAR - 2019 Supreme(UK) 487

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(UK) 487

ALOK SINGH
SADHANA VISHWAS – Appellant
Versus
MOHD. AZHAR – Respondent

Advocates:
For the Appellant :Mr. Z.U. Siddiqui, Advocate
For the Insurance Co. :Mr. B.S. Bisht, Advocate holding brief of Mr. D.S. Patni, Advocate

JUDGMENT

Hon'ble Alok Singh, J.

1. The facts and questions of law in both the appeals are common, therefore, both are taken together and disposed of by this common judgment.

2. Brief facts of the present appeals are that deceased Dhananjay and Narayan Das were going from Kichcha to Shakti farm on their motor cycle bearing no. UA 06 G 6591. Near Khalsa Dhaba, they were hit by one tractor driven by Shafiq Ahmed. Mohd. Azhar and Nirmal Rai were owners of that tractor. In the accident, Dhananjay and Narayan Das received grievous injuries and they died on the spot. Legal representatives of the deceased filed claim petition before the Tribunal. Tribunal allowed the claim petitions and granted compensation to the legal representatives of the deceased. Feeling aggrieved, legal representatives of the deceased filed present appeals for enhancement.

3. The main argument of Mr. Zafarullah Siddiqui, Advocate for the appellants is that learned Tribunal has not correctly assessed the monthly income of deceased Dhananjay and Narayan Das. Dhananjay was working as Munshi in a firm and was getting Rs. 5000/- per month and he was also earning Rs. 3000/- per month from farming while Narayan Das was work

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