RAM DULARI Vs. SAROJ DEVI

JUDGEMENT

(1.) This claimant's appeal under Sec. 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award of Mr. Sarvat Ali Khan, the Motor Accident Claims Tribunal/ the Additional District Judge, Court No.1, Allahabad dtd. 24/2/2001, declining the claim under Sec. 166 of the Act last mentioned and awarding for 'no fault' liability alone.

(2.) The facts giving rise to this appeal make a brief count.

(3.) On the 16thof June, 1997 in the morning hours, the claimant's husband, Ramroop was proceeding from his Village to Atrampur Post Office in order to withdraw and deposit money. After finishing his work, he was proceeding to Post Office Senghar when at about 11.30 a.m., Truck No. UP-70H-9920, driven at a high speed, proceeding from the Allahabad end of the road, approached. The driver operating the vehicle negligently hit the deceased's bicycle on the rear side, crushing him under its wheels. The accident is said to have happened in front of one Satya Narain's house, the Local Sarpanch. The truck escaped towards Pratapgarh. Ramroop, the claimant's husband died on the spot. He left behind him a family of three dependents, to wit, his widow Smt. Ram Dulari and two unmarried daughters, Asha Devi and Sangeeta Devi, aged 18 and 15 years in that order. The deceased was a government servant, a Grih Darshak, posted at the Community Health Centre, Karchhana, Allahabad. He was in receipt of a gross salary of Rs.4578.00 per mensem and a net of Rs.4398.00. The deductions of Rs.180.00 were beneficial, being those towards his contributions to the general provident fund account and group insurance. The claimant, accordingly, demanded for herself and the two other dependents of the deceased, a total compensation in the sum of Rs.5,65,000.00.