BHOORI Vs. ASHRAF

JUDGEMENT

(1.) By way of this appeal, the claimants-appellants who are legal heirs of the deceased have challenged the judgment and order dtd. 15/9/2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Moradabad (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 156 of 2007. The appellants' claim petition for compensation on account of the death of the sole bread earner came to be dismissed by the Tribunal.

(2.) The brief facts as culled out from the record, which is placed before this Court are that at 07:00 AM, when deceased after completing his duty on 13/1/2006 was plying his cycle at that point of time at a place known as turning Bheetkheda, a truck bearing No. HR 55/6244 came on the wrong side rashly and negligently and dashed the cyclist. Shyam Lal-deceased suffers serious injuries. The deceased before succumbed to injuries, taken up for medical aid as he had suffered several injuries but during his treatment he succumbed to the injuries. The deceased was 40 years of age and he was serving with Northern Indian Railway Mandal as a gang-man and was posted at Rampur, his basic salary was Rs.8,850.00 per month.

(3.) On the claim petition being filed, the respondent no.1 appeared and did not accept any of the averments made in the claim petition and contended that the vehicle if it is held to be liable, the vehicle was insured with respondent no.2 from 10/11/2005 to 9/11/2006 and the driver was having a valid licence to ply the same vehicle. However, The New India Assurance Co. Ltd. has replied to this denial. The Tribunal framed three issues and held that it was not proved that the driver of the truck was rash and negligent while driving the truck.