GHANSELEY Vs. BABU KHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 29-10-1977, passed by the Motor Accident Claims Tribunal, Jhansi, dismissing the petition made by the appellants for compensation under Section 110-A of the Motor Vehicles Act.

(2.) THE appellants are the parents of one Nanak Ram, who met with an accident while going on a cycle on 20-9-1972 with a private bus. On account of the injuries sustained in the accident Nanak Ram died and consequent upon his death the claim petition mentioned above was filed by the appellants.

(3.) IT has been urged by the counsel for the appellants that the finding recorded by the Claims Tribunal is erroneous. Having heard the learned Counsel for the appellants at some length and scrutinised the evidence produced by the parties, we are of the opinion that even though the case is most unfortunate, it is not possible be interfere with the finding of the trial court. On the date and the time when the accident was caused Nanak Ram was going on a cycle with another boy Kripa Ram sitting on the carrier. The bus in question was also going in the same direction. According to the case of the claimants it was due to rash and negligent driving of the bus driver, Babu Khan that the accident was caused resulting in the death of Nanak Ram. The case of the bus driver on the other hand was that when the bus was at a distance of about 15-20 steps from the cycle Nanak Ram suddenly turned the cycle towards the right side in an attempt to cross the road and even though he made all efforts possible to save the boy; but the cycle was hit by the back portion of the bus at the time when the bus was being taken to the right side patri of the road in order to save the accident. His case further was that the boy who was sitting on the carrier of the cycle suddenly jumped down from the cycle and ran away as a consequence whereof the balance of the cycle was disturbed.