RAM PRAKASH Vs. ABDUL RASHID

JUDGEMENT

(1.) THIS is an appeal by the claimant in a motor accident claim case who, having failed in the court below has come up for redress in this Court.

(2.) ACCORDING to the case of the parties on 15.9.71 the deceased along with Nand Kishore P.W. 1 started from Jalesar on Motorcycle No. UPT 1614 for Agra. The motorcycle was being driven by the deceased and Nand Kishore was seated on the pillion. When they approached to village Naharpur on the main road truck No. UPT 564 was going ahead which he overtook after the truck-driver had duly given side to him. As soon as the motorcycle had overtaken the truck he saw a cyclist coming from the opposite direction due to which the motorcyclist fumbled and fell down throwing away the pillion rider on the left side beyond the road while the driver himself fell down on the road. The truck which at that time was about 15 to 20 paces behind came rushing and curshed the skull of the motorcyclist who had been lying on the road. The truck still went ahead and only when some persons in the truck and some from outside cried out did the truck driver stop the vehicle. A claim for Rs. 20,000/- by way of compensation on account of the death of the motorcyclist was preferred under Section 110-A of the Motor Vehicles Act. The driver of the truck Munna was earlier prosecuted under Section 304-A I.P.C. but seems to have been acquitted.

(3.) THE alleged transferee, Onkar Singh filed a seperate written statement almost on the same lines as those taken by respondent No. 1 but in addition, he too denied ownership of the truck on the day when the accident took place.