STATE OF U.P. Vs. RAJ KUMARI

JUDGEMENT

(1.) THIS First Appeal From Order under Section 173 of the Motor Vehicles Act has been filed by the State of U.P. against the JUDGMENT and award dated 27.5.1989 passed by the Motor Accident Claims Tribunal, Meerut in M.A.C.P. No. 113 of 1987 Raj Kumari v. State of U.P. & Others. Sri V.C. Dixit learned Standing Counsel for the appellant and Sri Siddharth learned counsel for the claimant respondent have been heard.

(2.) THE facts of the case are that on 11.8.1987 at about 6.20 p.m. Sri Anuj Kumar aged about four years died due to an accident with the Truck No. URW - 0637 belonging to the PAC. The case setup by the claimant respondents was that the grandfather of the boy was eye witness to the accident and he deposed that the truck met with the accident and his grandson Sri Anuj Kumar came under wheels of the truck and died.

(3.) THE Tribunal considered the evidence and came to a conclusion that even if there was no collusion between the truck and the cycle the mere fact that the accident occurred when the truck was on the spot indicates that Anuj died due to falling from the cycle. The Tribunal recorded that there was no clinching evidence regarding any collusion between the two vehicles but has held that the injuries suffered by Anuj Kumar were due to the falling from the cycle.