TARAWATI DEVI Vs. NEW INDIA ASSURANCE CO.

JUDGEMENT

(1.) THIS is an appeal Under Section 110-D of the Motor Vehicles Act against the order dated 6-8-1977, passed by the Motor Accident Claims Tribunal (10th Additional District Judge), Kanpur, awarding a sum of Rs. 2,500/- as compensation to Maiku La and Rs. 13,000/- as compensation to Smt. Tarawati.

(2.) THE facts, giving rise to this appeal, are that on 27-1-1976, at about 10.00 A.M., near the Mahabir Temple on the road from Cooperagaj to Collectorganj, Police Station Collectorganj, Kanpur, one Ram Kumar met with an accident. Ram Kumar and Ram Dulare were going on the left side of the road from Cooperage to Collectorganj, Ram Kumar was holding his cycle in his hand. Motor Tanker No. UTE 5338, came from behind and dashed against Ram Kumar. Ram Kumar was crushed to death.

(3.) THE opposite party No. 1 contested the petition with the allegations that Ram Kishore had no valid licence and that the accident took place due to negligence of the deceased. The amount of compensation claimed was also assailed.