NEW INDIA ASSURANCE CO Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) THESE appeals under Section 110-D Motor Vehicles Act are directed against a decision of the Motor Accidents Claims Tribunal, Gorakhpur dated May 12, 1977.

(2.) THE accident occurred on June 11, 1976 at about 5.00 P.M. near a crossing close to the Railway stadium. The victim aged about 24 was on cycle. Jeep Taxi UPQ 1960 dashed against him from behind and dragged him for some distance. He sustained grievous hurt to which he succumbed the same day in the civil hospital. He was a bachelor and in private employment earning Rs. 400/- per month. The claim position was filed by the mother on August 7, 1976. This was opposed. The tribunal on considering the evidence awarded a sum of Rs. 57,600/- as compensation.

(3.) IN so far as the negligent or rashness of the driver of the Jeep Taxi is concerned, the evidence for the claimant is unrebutted. A.W. Ram Daur has his Tea Stall near the crossing. A.W. Munna was taking tea at this shop. Both of them are eye witnesses to the accident. They are named in the first information report lodged shortly after at 6.45 P.M. Munna also escorted the victim to the hospital. The deceased was crossing the Patri on cycle when the Jeep Taxi dashed against him from behind. The evidence is that Jeep Taxi was being driven at a high speed; the horn was not blown; the driver could not even apply brake; as a result the victim was dragged on for some distance whereafter the driver fled away. He was not examined in rebuttal, nor was any explanation assigned. The owner of the Jeep Taxi admits in his deposition that he was not on the spot at the moment. No other evidence on the subject was given from his side. The tribunal therefore, rightly concluded, in our view, that the accident occurred due to the negligence or rashness of the driver of the Jeep Taxi.