SRI SHARDA PRASAD TIWARI Vs. SACHCHIDANAND SHAHI

JUDGEMENT

(1.) The parents of deceased Pradeep Kumar Tiwari, have challenged the award dated 27.8.1997 passed by Motor Accident Claims Tribunal/District Judge, Deoria in MACP No. 42 of 1992, whereby the claim petition filed by them for an award of Rs. 7,48,000/- on account of death of their son in the instant motor accident, had been dismissed.

(2.) During pendency of the appeal, both the appellants have died and in place of the appellant no. 1, his two sons Vijay Kumar Tiwari and Sanjay Tiwari have been substituted in the appeal vide order dated 10.1.2007 and they are legal representatives of appellant no. 2 also.

(3.) It appears that on 18.11.1991 at about 12 O' clock in the noon, Pradeep Kumar was going on cycle on Kasiya-Tamkuhi road, then he was knocked down by the driver of bus registration no. UTX 5639 owned by the respondent by driving the vehicle rashly and negligently. 21 years' old Pradeep Kumar was taken to Kasiya for medical treatment but on account of his serious condition, he was shifted to Medical College, Gorakhpur. He was also medically treated at Varanasi but on account of the injuries, he suffered death on 28.1.1992. Parents of the deceased filed claim petition alleging that the deceased was running a scooter repairing shop in Dharamshala Bazar, Gorakhpur and his monthly income was Rs. 1500/-. A sum of Rs. 60,000/- were spent in his medical treatment in the said hospital. Report of the accident was lodged with police against the driver of the bus no. UTX 5639 and the police after investigation submitted charge sheet against the driver.