RAM MANI GUPTA Vs. MOHAMMAD IBRAHIM

JUDGEMENT

(1.) This is an appeal under Section 110D of the Motor Vehicles Act, 1939, against the order dated April 25, 1970, passed by the Motor Accidents Claims Tribunal (III Addl. District Judge), Allahabad, dismissing the application for compensation.

(2.) On February 2, 1977, at about 3.30 p.m. on Allahabad-Varanasi Road, near Jaunpur petrol pump in Phaphamau, one Anand Kumar Gupta met with an accident which resulted in his death.

(3.) In the petition, it was said that Anand Kumar Gupta was coming on a motor cycle from Tharwai on his way back to Allahabad. He was coming on the road from east to west. Truck No. UTB 2025 was crossing the road on its way from Burmah Shell Petrol Pump towards the north to Jaunpur petrol pump towards the south of the road. Due to the rash and negligent driving of the truck, Anand Kumar Gupta was run over by the truck and he died. A sum of Rs. 1,00,000 was claimed as compensation.