LAWS(ALL)-1992-1-20

DEEP CHAND Vs. ADDITIONAL DISTRICT JUDGE ALLAHABAD

Decided On January 17, 1992
DEEP CHAND Appellant
V/S
ADDITIONAL DISTRICT JUDGE, ALLAHABAD Respondents

JUDGEMENT

(1.) An accident took place of on 11.12.1982 at 3.00 p.m. in Allahabad, Rajendra Bahadur Singh aged about 30 years died as a result of the same leaving behind Arti Devi, widow, two daughters Archna and Kalpana aged 11 and 21 years respectively and two minor sons Arunendra Pratap and Ravendia Pratap.

(2.) A claim petition under Section 110-A of the Motor Vehicles Act was filed claiming a sum of Rs. 5,00,000/- as compensation. The case set up was that the accident took place due to rash and negligent driving of truck No. URA 2798. It was dismissed in default on 28.3.1984. A restoration application was filed. It was allowed on 6.11.1984 on payment of costs. The order was passed after hearing counsel for both the parties and in their presence.

(3.) The next date fixed in the case was 19.2.1985. Mr. U.N. Sinha, learned Counsel appealing on behalf of the petitioner, appeared and accepted Rs. 50/- as costs. The petitioner was also present.