KALLO Vs. U.P. STATE ROADWAYS TRANSPORT

JUDGEMENT

(1.) THIS F.A.F.O. under Section 110-D of the Motor Vehicles Act, 1939 is directed against the award of the Motor Accident Claims Tribunal (hereinafter referred to as Tribunal) dated 30th July, 1977.

(2.) THE accident in question occurred on 13th June 1975 on Kanth-Moradabad road near P. Gandhi Ashram, Moradabad, on account of U.P. Roadways bus No. UPM 8957 having dashed against Jumma, the latter was crushed under the wheel of the bus and died instantaneously. The claim for compensation to the tune of Rs. one lakh was made by both the appellants jointly in the capacity as wife and mother respectively of Jumma deceased contending that the accident occurred due to rash and negligent act of Asha Ram, driver of the bus. The claim was resisted by all the respondents who refuted that the accident took place due to any rashness or negligence on the part of the driver and also pleaded that the amount of compensation claimed by the appellants was highly exorbitant.

(3.) THERE is no dispute about the fact that Smt. Kallo, appellant No, i is the widow and Smt. Bhullo, appellant No. 2 is the mother of the deceased Jumma. From the statement of Smt. Kallo it appears that the deceased was the only bread carner of the family and both the appellants were dependent on his income there were other source of livelihood, Thus both the appellants are legal representatives of the deceased so both of them are entitled to their claim. Therefore, issues Nos. 2 and 3 were decided in their favour. Preliminary issue No. 5 regarding making respondent No. 1 a party was also decided in favour of the appellants. But the Tribunal held that the claimant-appellants have failed to prove that the accident took place on account of rash and negligent driving of respondent No. 4, consequently this issue as well as other issues were decided against the appellants and claim of both the appellants was dismissed. Hence this appeal.