(1.) This appeal is directed against the judgment and order dated 31.3.1980, passed by Motor Accidents Claims Tribunal (V Addl. District and Sessions Judge), Deoria, awarding a sum of Rs. 49,212/- along with interest at 6 per cent with costs.
(2.) The facts giving rise to the present appeal may be narrated within narrow compass. An accident took place on 8.9.1977, in which Heera Prasad Singh, who was Junior Engineer in Public Works Department while driving his motor cycle, collided with truck No. UPQ 1237 of the Agriculture Department of State of U.P., as a result of which Heera Prasad Singh received serious injuries and was admitted in Civil Hospital, Deoria and was further shifted to Medical College, Gorakhpur, on 16.9.1977, where he succumbed to his injuries at 1.30 a.m. on 17.9.1977. Deceased Heera Prasad Singh was aged about 27 years at the time of his death. His widow, Vidyawati Singh and son, Satish Kumar Singh, preferred claim petition before the Motor Accidents Claims Tribunal claiming Rs. 3,10,000/- along with interest. Both the respondents contested the claim petition. They admitted the factum of accident of 8.9.1977 and the death of Heera Prasad Singh on 17.9.1977. They, however, resisted the claim on the ground that deceased Heera Prasad Singh was not owner of Bullet motor cycle No. UTQ 264 nor he had any valid licence and had also no experience of driving a motor cycle. It was urged that the truck driver was driving the truck slowly and carefully. As the truck overtook bullock-cart, Heera Prasad Singh suddenly came before the truck from right direction. The truck driver tried his best to avoid the accident and in doing so the truck skidded into a khud. It was urged that the cause of accident was negligence and carelessness of Heera Prasad Singh who was driving his motor cycle on wrong side. It was also alleged that the death of Heera Prasad Singh occurred nine days after the accident and cause of his death could be on any other ground. It was also stated that a sum of Rs. 18,689/- had already been paid to the widow of the deceased.
(3.) Both the parties adduced evidence before the Motor Accidents Claims Tribunal. The Tribunal found the claim petition of the petitioners maintainable and that the deceased knew driving of motor cycle and that the accident took place on account of negligent and careless driving by Brij Bhushan and not on account of carelessness of Heera Prasad Singh.