SMT. TASLEEMAN BEGUM Vs. SRI ATAULLA KHAN

JUDGEMENT

(1.) The first appeal under Sec. 173 of the Motor Vehicles Act has been filed against the judgment and order dated 21 -10 -2002 passed by Motor Accidents Claims Tribunal /Additional District Judge (hereinafter referred as Tribunal'), Nainital in M.A.C.P. No. 236/1996 Smt. Tasleeman Begum v/s. Sri Ataulla Khan whereby the learned Tribunal has dismissed the claim petition.

(2.) Brief facts of the case are that a claim petition under the Motor Vehicles Act was filed by Smt. Tasleeman Bagum -Appellant (the wife of deceased) alleging therein that on 27.05.1995 while her husband Basi -ud -din (deceased) was going on main road near the gate of Mandi Samiti, Pilibhit Sitarganj road, the offending truck No. URP -5902 came from behind and hit the deceased and due to which the deceased sustained grievous injuries as a result of rash and negligent driving by its driver. It was further alleged the deceased was aged about 50 years at the time of incident and he was a carpenter. He was earning Rs. 4000/ - pm. Thus, the claimant -Appellant had filed a claim petition for compensation of Rs. 15,73,000/.

(3.) The Respondent filed his written statement and contested the case. The Respondent -Ataulla Khan, who was the owner of the offending truck, had filed his written statement in which he denied the allegations made in the claim petition. He had also denied that his truck No. URP 5902 had hit the deceased and his truck was involved in the said accident. He further alleged that he was not liable to pay the compensation.