SULOCHANA DEVI Vs. IST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS is an appeal against the judgment and award dated 27th October, 1987 passed the Motor Accident Claims Tribunal, Dehradun.

(2.) BRIEF facts giving rise to the present appeal are that the appellants-petitioner have filed a claim petition under Section 110 of Motor Vehicles Act, for grant of compensation on account of death of Sri Mohan Lal Juyal in a motor vehicle accident, the petitioners have stated that on 14th December, 1984 at about 1.40 p.m. Sri Mohan Lal was standing at Saharanpur Chowuk, Dehradun and was waiting for some conveyance. The petitioners have alleged that one Trilok Singh with some pillion rider was riding motor cycle No. 17763 rashly and negligently. He was hit by the motor cycle being driven by Trilok Singh and the deceased fell down on the road. At the same time truck No. URF 9694 crushed the deceased under the wheels. It has been alleged that the truck was being driven rashly and negligently by Sri Chandra Vir respondent No. 3. The petitioners have submitted that the deceased was retired Sub. Major or Honorary Captain from Army and was earning Rs. 1,100/- per month. The petitioners claimed a compensation of Rs. 4,20,480/- on account of death of Sri Mohan Lal Juyal in the accident.

(3.) ON the pleadings of the parties the following issues were framed: