HARI NATH Vs. SHANTI DEVI

JUDGEMENT

(1.) Sri Ram Pyare Mishra (the deceased) was working in D.L.W., Varanasi. He was going on a cycle on 18th October, 1985 from D.L.W. to his residence. He was hit at about 11.45 hours by truck No. UPZ 3899. In this incident, he received fatal injuries and died on the way to hospital.

(2.) The widow of the deceased (the claimant) filed the motor accident claim petition No. 26 of 1986. It was partly allowed by the Motor Accident Claims Tribunal/Additional District Judge 4th, Varanasi (the Tribunal) on 22nd September, 2000 awarding a sum of Rs. 2,56,000 along with 12% interest. The owners of the truck has filed the present appeal against the aforesaid award.

(3.) The claimant examined the following witnesses - Smt. Shanti Devi, P.W.1., the claimant, widow of the deceased; Dr. C.B. Tripathi, P.W.2, the doctor who conducted the autopsy; Gorakh Nath Sharma, P.W.3, a colleague of the deceased; Mahabali Tiwari, P.W.4, an eye-witness of the incident; Rajendra Swaroop Verma, P.W.5, Superintendent of the Office where the deceased was working.