GAJRAJ SINGH Vs. NARAYANI

JUDGEMENT

(1.) THIS is an appeal against the award dated 19-12-1977 of Claims Tribunal, Bareilly awarding a sum of Rs. 58,000/- as compensation to Smt. Narayani and her two minor sons Satyandra and Navin Kumar respondents No. 1 to 3.

(2.) THE case of the petitioners was that Amarnath Singh was Hawaldar Instructor in the Education Courts of the Indian Army at Bareilly. He and Lans Naik Kedar Dutt were coming on their bicycles on 28-7-1973 at about 7.00 A.M. on Breilly Shahjahanpur road to their Army quarters after their morning parade. When they reached near the crossing in front of Jat Centre, a Truck No. D.H.G. 865 cime at a high speed from the side of Shahjahanpur and while Amar Nath Singh in order to go to Army Quarter was crossing the road it struck against him without blowing any horn and crushed him to death on the spot. Bicycle of Amarnath Singh was also crushed by the truck. The truck did not stop and it went away towards Bareilly city. The petitioners, therefore, claimed compensation amounting to Rs. 1,25,000/- on the allegation that Amarnath Singh was getting salary of Rs. 724/- per month and was about 36 years old at the time of the accident and the accident took place on account of rash aad negligent driving of the truck by Gajraj Singh driver, opposite party No. 1 appellant No. 1. The truck was owned by Narain Das, opposite party No. 2 appellant No. 2 and Gopal Das, opposite party No. 4, appellant No. 2 carrying on business in the name or M/s Narain Das Gopal Das, opposite party No. 2 appellant No. 4 and the truck was insured with M/s Oriental General and Fire Insurance Company, opposite Party No. 5 respondent No. 2.

(3.) ON behalf of the claimants Lans Naik Kedar Dutt (P.W. 1), Govind Chand Rohra (P.W. 3) were examined as eye witnesses of the accident. Pramod Kumar (P.W 2) who is brother of Amarnath Singh, deceased was examined to prove the compensation. On behalf of the opposite party Narain Das, opposite party No. 3 examined himself as D.W. 1 and produced Ram Singh cleaner of the truck as D.W. 2. The tribunal held that the accident was caused due to the negligence of the truck driver and there was no negligence on the part of the deceased. It further held that the applicants were entitled to get Rs. 58,000/- by way of compensation, out of which Insurance Company was liable to pay Rs. 5 ),000/-. Out of the compensation awarded Smt. Narayani widow was given Rs. 20,000/- and each minor son had been given Rs. 19,000/- Feeling dis-satisfied with this decision Gajraj Singh, Narain Da.s, Gopal Das and Firm M/s Narain Das Gopal Das preferred the present appeal.