VIDYAWATI Vs. KALI CHARAN

JUDGEMENT

(1.) THE present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as the "act") has been filed against the award dated 28-4-1994, passed by Sh. S. L. Khanna, Motor accident Claims Tribunal (for short as "tribunal"), Delhi.

(2.) THE accident which gave rise to the present appeal above, took place on 4th october, 1980 at about 3 a. m. , when the deceased, Badri Prasad was sleeping near the main Mathura Road at Badarpur in front of his office where he used to keep stocks of stone dust, badarpurand rohri. Atruckbearing no. USD 7636 being driven by respondent no. 1, Sh. Kali Charan came from Mathura road and was going inside the badarpur and rohri stock via a by-lane. Kali Charan was driving the truck in a rash and negligent manner and lost control of the vehicle as he neared the place where the deceased was sleeping. The truck suddenly and abruptly swerved towards extreme right and overran the cot on which Sh. Badri Prasad was sleeping. Deceased Badri Prasad was removed to Holy Family Hospital which was nearest hospital with serious injuries on his chest. His ribs had been fractured. Deceased Badri prasad, however, could not survive the injuries and died on 30-10-1980.

(3.) THE legal heirs of deceased Badri prasad which includehiswidowsmt. Vidyawati, four sons and one daughter, filed petition under Section 110a of the Act seeking compensation.