KANTI DEVI Vs. MOOLCHAND LALTA PRASAD

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. This Appeal has been preferred against the judgment and order dated 05-05-1980 passed by Sri Naseem Uddin, the then III. Additional District Judge, Nainital in Motor Accident Claim No. 79 of 1979 between Smt. Kanti Devi & others Vs. Moolchand & others by which the learned III Additional District Judge, Nainital has rejected the claim. Feeling aggrieved by the said judgment and order, the present appeal has been preferred.

(2.) BRIEF facts for the disposal of this appeal are that on 25-05-1979 at about 5:30 am. , Tula Ram- deceased was car rying milk on his bicycle from his village Rangora Parao, Ramnagar and he was not driving the bicycle. When he reached near the shop of Durga Dutta and was just to enter the road Ramnagar-Garjia, the offending truck No. USR 6811 was driven by the driver Sri Rewat rashly and negligently hit the deceased- Tula Ram in the kuchha strip by the side of the main road 2 feet away from the hut of Durga Dutt and caused the death of Sri Tula Ram. It was further alleged in the claim petition that the deceased was earning Rs. 600/- p. m. by selling milk as hawker. The age of the deceased- Tula Ram had been stated to be 40 years at the time of accident.

(3.) FEELING aggrieved by the said order, the present appeal has been pre ferred.