DIGVIJAI TEWARI Vs. RAKESH PRASAD PATHAK

JUDGEMENT

(1.) This appeal under Section 110D of the Motor Vehicles Act is directed against the award given by the Motor Accidents Claims Tribunal (Additional District Judge), Gorakhpur, dated April 8, 1978.

(2.) The accident occurred on July 6,. 1972, around 12.30 p.m. Mathura Prasad Pathak, aged about 40 years, it is alleged, was crushed by the truck No. USF 4554 belonging to the appellant near village Korari, Police station Barhalganj, District Gorakhpur. This occurred due to the truck having overturned at the spot. The death took place instantaneously. The deceased was employed as principal in the Saraswati Shishu Mandir, Azamgarh, getting a sum of Rs. 300 per month. The claimant, who is the son of Mathura Prasad Pathak (deceased), was aged about 9 years when the death of the father took place. He filed the claim giving rise to this appeal through his next friend claiming in all a sum of Rs. 72,000. The claim was resisted by the appellant, the owner of the truck, and also respondent No. 2, namely, Anand Insurance Co. Ltd., with whom the truck in question was insured.

(3.) The Tribunal has, upon considering the evidence, recorded the finding that the accident occurred due to the rash or negligent driving of the truck in question and that there is no evidence on the record to establish, as contended for the appellant and respondent No. 2, that Mathura Prasad, the deceased, was a passenger on the truck at the relevant time. According to the case of the claimant, Mathura Prasad was a pedestrian when he was crushed being run over by the truck aforementioned. The compensation has been assessed at the sum of Rs. 33,000, which has been awarded to the claimant-respondent against the appellant. The insurance company has, however, been exempted from liability arising due to the accident.