RAM SAROOP Vs. ARJUN DAS

JUDGEMENT

(1.) THIS appeal under S. 110 D of the Motor Vehicles Act, 1939 has been directed against the judgment and order dated 3-5-1977 passed by the Motor Accident Tribunal (hereinafter referred to as Tribunal) awarding Rs. 7000/- to the appellants as compensation for the death of their son namely Annu, aged about 6 years, who was run over on 28-10-1974 by a truck owned by respondent No. 1 M/s. Arjun Das Parmanand.

(2.) THE brief facts of the case are that on 28-10-1974 at about 4. 30 p. m. , Annu - son of the appellants was going on Hamirpur road in the city of Kanpur on left side kacchi patri when suddenly truck No. UPD 8865 crushed him to death. This truck was rashly and negligently driven as a consequence of which Annu died on the spot. First Information Report was lodged at the police station Juhi, Kanpur by Rameshwar Parsad (P. W. 2), who had seen the boy being crushed. Post mortem examination was conducted by the Chief Medical Officer who found 4 injuries on his body. THE cause of death noted down by the doctor in the post mortem report was shock and haemorrhage as a result of injuries to brain.

(3.) THE claimant-appellant No. 1 himself has appeared as P. W. 1 and in support of his claim, he has produced another witness-Rameshwar Prasad as P. W. 2. None of the respondents has adduced any evidence in support of their case.