ASHA RANI Vs. SIA RAM

JUDGEMENT

(1.) This appeal is directed against an award of the Motor Accidents Claims Tribunal (III Additional District Judge, Bareilly) dated February 29, 1980.

(2.) Claimants are the heirs of Rameswar Saran alias Bisheshwar Saran deceased. Appellant No. 1 is his widow and appellants Nos. 2 to 5 are his minor daughters. The deceased was aged about 26 years and carried on a kirana shop in Fatenganj East district Bareilly. The accident took place around 1-15 p.m. on September 20, 1976. Truck No. UTW 2337 belonging to respondent No. 1 was on its way to Bareilly from the side of Tilhar. P. W. Khem Karan and D. W. Pooran Lal were sitting inside the truck at the back portion. At Fatenganj East, P. W. Radhey Raman and the deceased loaded their empty cans and boarded the truck sitting on the tool box located over the cabin of the driver. At a short distance towards the west of village Tiswa, the truck suddenly swerved to the right and dashed against a pakar tree situated to the extreme right. This resulted in injuries to P. W. Radhey Raman and the deceased besides others (including the driver). Rameshwar Saran succumbed to these injuries on September 26, 1976. The claim was filed by the appellants for a sum of Rs. 50,000 which was resisted by respondents Nos. 1 and 3 contending, inter alia, that the driver had to take the truck to the right in order to save a passerby who was on a bicycle.

(3.) The Tribunal dismissed the claim in toto with the finding that the accident was inevitable and no rashness or negligence may be attributed to the truck driver. The Tribunal has not entered into the issue pertaining to the quantum of compensation. The claimants have preferred this appeal aggrieved against the rejection of their petition.