CHANDERWATI Vs. UNIVERSAL FIRE AND GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) This is the First Appeal filed by the claimants against the order of Motor Accident Claims Tribunal, Delhi. The Tribunal has dismissed the claim of the claimants. Prem Prakash died as a result of the accident. The claimants are the widow and five children-three daughters and two sons.

(2.) The accident took place on 26-8-1965 in the afternoon near house No. A-4/3, on the main road of Krishna Nagar, Jheel Kuranja, Gandhi Nagar, Delhi. The deceased Prem Prakash was going on his cycle from Jheel Kuranja to Krishna Nagar and when be was on the main road opposite house No. A-4/3, Krishna Nagar, a truck bearing number DLG 9242 came from behind in a great speed and knocked down Prem Prakash. The truck did not stop but speeded away from the place of accident The deceased was run over by the truck. He suffered serious multiple injuries and was taken to Irwin Hospital where he died. The claimants claimed the compensation of Rs. 50,000.00 . It was stated that the deceased was carrying on business of Kiriana and was earning about Rs. 500.00 per month. At the time of his death Prem Prakash was 35 years old.

(3.) The fact of accident has been established by two eye witnesses, Hanuman Prasad (Public Witness 2) and Om Prakash (Public Witness 7). They have stated that the truck came from behind in a great speed without giving any horn and knocked down the deceased Prem Prakash. After knocking down the deceased the truck did not stop but speeded away. Within a short-while Flying Squad of the Traffic Police came to the spot and recorded the statements of the two eye witnesses. The FJying Squad thereafter chased the truck, arrested the driver and prosecuted him. After the arrest of the driver, he was dismissed from the service by the owner of the truck. In the criminal case the Driver was convicted. An appeal was filed against the conviction but the same was dismissed.