STATE OF UTTAR PRADESH Vs. DEVESHWAR PRASAD

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act against the order dated 21.5.1979 passed by the Motor Accidents Claims Tribunal, Tehri Garhwal decreeing the claim of Respondent Nos. 1 and 2 for Rs. 2,000/ - as compensation against the Appellant and Respondent No. 3.

(2.) RESPONDENT No. 1 is the father and Respondent No. 2 is the mother of minor boy Sanju aged about five years who met with an accident on 12.4.1978 at about 5 p.m. on the road near the old bus stand in the town of Tehri. The boy was standing at the end of the motor road near the old bus stand when truck No. UTD 1591 came from the side of Dobata. It is said that the truck was being driven rashly and negligently by Respondent No. 3 and the left front wheel of the truck crushed the boy standing on the extreme end of the road. It is further said that the truck was being driven so rashly and negligently that it could not be stopped even after the boy had been knocked down by the front wheel and the rear wheel ran over the boy killing him on the spot. It is further said that Respondent No. 3 did not stop the vehicle and took it to a nearby workshop, parked it there and ran away. The Appellant was made vicariously liable for rash and negligent driving of Respondent No. 3. A sum of Rs. 18,200 was claimed as compensation.

(3.) THE claim petition was contested by Respondent No. 3 with the allegations that on the date of the accident he was only a conductor and Kamalnain was the driver of the truck. On 12.4.1978, at about 12 noon the driver brought the truck to the workshop and Respondent No. 3 went away home, that when he returned after some days, he came to know about the accident that be was not responsible for the accident and that he is not liable to pay any compensation.