GANGA RAM Vs. MAHIP NARAIN SINGH

JUDGEMENT

(1.) This first appeal from order has been preferred against the judgment and order dated 8.2.1978 passed by the Motor Accidents Claims Tribunal, Ghazipur, U.P. (District Judge, Ghazipur).

(2.) The brief facts are that there was an accident on the Ghazipur-Varanasi Road on 29.11.1974 wherein a small child of about 5 years of age was run over and died instantaneously. The driver of the truck, Nanhakoo sped away the truck and could be apprehended only on a long chase given by the family members of the deceased. An F.I.R. was lodged on the same day. The parents of the child preferred the claim petition for an award of Rs. 50,000. The Tribunal after recording the evidence and due hearing of all the parties, found that it was not the truck driver, Nanhakoo, who was negligent but the deceased child was negligent due to which this accident had resulted. Accordingly, the court below having not found merit in the claim petition, dismissed the same and passed the impugned judgment.

(3.) Aggrieved with the aforesaid judgment and order of the learned Tribunal, the present appeal has been preferred.