VIDYA DEVI Vs. RAJIV KUMAR

JUDGEMENT

(1.) This is an appeal against the judgment and award dated 19.4.1990 passed by Motor Accidents Claims Tribunal, Dehradun.

(2.) Brief facts giving rise to the present appeal are that the appellants-petitioners have filed a claim petition under section 110-A of the Motor Vehicles Act, 1939, for grant of compensation on account of death of Hari Singh in a motor vehicle accident. Petitioners have stated that on 16.9.1985 Hari Singh was carrying apples by truck No. UGA 8257 from Kathian to Dehradun on behalf of his employer Madho Ram. The truck was being driven by Mahavir Singh rashly and negligently due to which it met with accident resulting in the death of Hari Singh. Hari Singh was contributing Rs. 600 per month to the family for household expenses.

(3.) The opposite parties contested the claim petition and opposite party Nos. 1 and 2 have filed their respective written statements. The fact of accident has been admitted by the opposite parties but they denied that the accident occurred due to rash and negligent driving.