YOGENDRA NATH UPADHYA Vs. SAILESH KR. SINGH

JUDGEMENT

(1.) Heard Sri A.K.Pandey, learned counsel for the appellants, Sri Sushil Kumar Mehrotra, learned counsel for respondent no. 2/New India Insurance Co. Ltd., and Sri Amresh Sinha, learned counsel for the respondentNo.4/United India Insurance Company.

(2.) This appeal, at the behest of the claimants, challenges the judgment and order dtd. 21/8/1995 passed by Motor Accident Claims Tribunal/5th- Additional District Judge, Ballia (hereinafter referred to as 'Tribunal') in M.A.C. No. 2 of 1991.

(3.) Brief facts as culled out from the record are that on 14/10/1990 at about 3:00 p.m deceased Thakurji Upadhaya was returning from Ballia to his house in a jeep bearing no. B.H.N. 793, when the jeep reached near Hanuman Chatti at Ballia Sikandarpur marg, a Tractor bearing No.U.R.I. 732 hit the jeep from front. Accident occurred due to joint negligence of jeep and tractor drivers and as a result of which Thakurji Upadhaya died on the spot.