JAYANTI PRASAD SHARMA Vs. RAMSHRI DEVI

JUDGEMENT

(1.) THESE are two connected appeals under Section 110-D of the Motor Vehicles Act against the award dated 30-3-77 made by the Motor Accident Claims Tribunal, Aligarh (V Additional District Judge) awarding a compensation of Rs. 40,000/- with pendentelite and future interest at 6% per annum and proportionate costs against the opposite parties Nos. 1, 4 and 6 and dismissing the petition against opposite party No. 3.

(2.) THE facts giving rise to these appeals are that on 4-11-72 between 1.30 P.M. and 2 P.M., on the Aligarh-Tappal Road, an accident took place in which Ram Pal Singh was seriously injured and he ultimately succumbed to the injuries. He was going on a cycle on his way back home and Truck No. U.S.D. 8292 came from behind and dashed against his cycle. He was removed to Malkhan Singh Hospital where he died on 16-11-72 as a result of the injuries caused to him during the accident.

(3.) RAM Pal Singh was a resident of village Lodha, Pergana and Tehsil Koil, District Aligarh. He was employed as Class III Mechanic in Government press, Aligarh. Opposite parties Nos. 1 and 2 Jainti Prasad and Gauri Shanker are real brothers and were formerly the owners of Truck No. U.S.D. 8292. The truck was insured with merged in opposite party No. 5 New India Assurance Co. Ltd. Opposite party No. 3 is the father of opposite party No. 4 Om Prakash. Opposite party No. 1 Jainti Prasad Sharma is said to have transferred his half share in the truck in favour of opposite party No. 4 Om Prakash. The opposite parties Nos. 1 to 4 were impleaded as the owners of the truck and opposite parties Nos. 5 and 6 were impleaded as the insurers.