STATE OF U P Vs. PREM CHAND JAISWAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of the Motor Accidents Claims Tribunal, Allahabad, dated 1.5.1992 in M.C.P. No. 268 of 1989.

(2.) The fact in short is that on 17.5.1989 at about 5/6 p.m. while the deceased Ajit Kumar Jaiswal was coming on the motor cycle as pillion rider, he was hit from behind by police truck No. UTY 9374 at Nairn Bridge. Ajit Kumar Jaiswal succumbed to the injuries on the same day at about 9.15 p.m. in the hospital. It has been stated that the police truck was moving at a high speed and it was being driven rashly and negligently for which the accident was caused.

(3.) The defendants' contention was that there was no negligence on the part of the driver of the police vehicle. It was moving slowly at Naini Bridge while flock of buffaloes was passing on. It was their case that two buffaloes were at daggers drawn to each other and due to infighting the motor cycle, which passed the police truck, dashed against a pole in which Ajit Kumar Jaiswal received injuries and died later on. It was stated that the driver of the police truck stopped the vehicle 10 steps away and police truck was not in any way engaged in that accident.