DEEN DAYAL Vs. CHHEDA LAL

JUDGEMENT

(1.) DIN Dayal owner of stage carriage having registration No. U.S.E. 424 has filed this appeal under Section 110-D of the Motor Vehicles Act, 1939 against the judgment and award of the Motor Accidents Claims Tribunal, Jalaun dated 20-8-1977 awarding a sum of Rs. 4,800/- to claimant as compensation. The claimant has also filed a cross objection claiming enhancement of the amount of compensation. Both the appeal and cross objection are being disposed of by a common judgment.

(2.) ON 4-8-1975 at about 12 noon an accident took place near Nahar Kothi, kuthod on Orai-Auraiya road. One Daya Sindhu was struck down by the stage carriage No. U.S.E. 424 of which Din Dayal was the owner and Babu Khan was the driver. As a result of accident Daya Sindhu son of Chheda Lal died. Chheda Lal, the father, filed claim petition under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) claiming Rs. 25,000/- for the death of his son, on the allegation that the vehicle was being driven in a rash and negligent manner as a result of which the accident took place, resulting into the death of Daya Sindhu.

(3.) LEARNED Counsel for the appellant urged that the vehicle was not being driven in a rash and negligent manner. There is no evidence on record to sustain the finding of the Tribunal on the question of rash and negligent driving. The claimant in support of his assertion that the vehicle was being driven in a rash and negligent manner examined P.W. 3 Vijai Shankar. In his testimony Vijai Shankar stated that he was travelling in the vehicle at the time when the accident occurred. He stated that the bus was being driven by Babu Khan, driver at a high speed and when certain catties came on the road, the driver instead of slowing down the vehicle, tried to avoid catties by swaying the vehicle to its right in speed as a result of which Daya Sindhu who was going on a cycle was knocked down. Vijay Shankar was cross-examined at length, but nothing material was illicited from him to shake his veracity. He is an independent witness and the Tribunal has placed reliance on his testimony. We find no good reason to take a different view or to discard his testimony. P.W. 2 Babu Khan, driver of the bus, has no doubt, given a different story, but we are not inclined to accept his testimony as he is a highly interested person. We accordingly affirm the findings of the Tribunal that the accident took place on account of rash and negligent driving of the vehicle which resulted into the death of Daya Sindhu.