GANGA DEVI Vs. RANDHIR SINGH

JUDGEMENT

(1.) The present first appeal has been filed for enhancement of compensation as awarded by Shri R D Aggarwal, Judge, Motor Accident Claims Tribunal vide order dated 12th March, 1979. The brief facts of the case are that the appellants filed an application under Section 110A of the Motor Vehicles Act, 1939 claiming compensation for the amount of Rs. 1 lakh on account of death of one Kesho Dutt in an accident on September 8, 1973. While the deceased was proceeding from Azadpur to Rani Bagh on a cycle and having reached the Ring Road near Britania Biscuit Factory, truck bearing No. HRR 659 came from behind at a very fast speed without blowing any horn and knocked down the deceased. The decased fell down along with the cycle and sustained multiple injuries and he ultimately died. The truck driver, Randhir Singh, respondent no. I, did not stop the truck and fled away. It is further stated that the deceased was a able bodied skilled carpenter and was employed with the Northern Railway and was getting Rs. 400.00 per month and in view of the untimely death the dependents were deprived of their means of livelihood, besides the love and protection which they used to get from him. The Insurance Company M/s Oriental Fire and General Insurance Co., respondent no. 3, was the insurer of the vehicle involved in the accident and was impleaded as party to the proceedings before the Tribunal. Respondent nos. 1 and 2 were proceeded ex parte and respondent no.3, insurance company, took several objections in the written statement and denied the claim of the appellants. ' it was contended that the accident was caused due to the gross negligence and the deed who allegedly hit another cyclist suddenly lost the balance and fell on the ground. The following issues were framed on the pleadings of the parties.

(2.) The appellants in support of their case examined six witnesses and respondents did not adduce any evidence. The case also proceeded ex parte against respondent no. 3, insurance company, as no one appeared at the stage of final arguments. Issue No. 1 and 3

(3.) The learned Judge decided issue nos. 1 and 3 and held that the accident took place due to rash and negligent driving of respondent no.l and that the deceased who was merely going on a cycle in a proper manner had nothing to contribute in so far as the accident was concerned. Issue No. 2