HANUMAN YADAV Vs. DINESH CHANDRA RAI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 16-2-1978, passed by the District Judge, Azamgarh, acting as a Motor Accidents Claims Tribunal in case No. 82 of 1976. The learned Judge came to the conclusion that the applicants before him had failed to prove that the opposite party had caused the accident and consequent death of their father and as such he dismissed the claim petition with costs.

(2.) BRIEFLY stated, the facts of the matter are that a claim petition was moved before the District Judge-cum-Motor Accidents Claims Tribunal, Azamgarh by the four sons and heirs of Sarju Yadav, who died as a result of an accident caused by a Motor Vehicle. According to the allegations of the petitioners, on 10-3-76, at about 4 p.m., their father Sarju Yadav, who was resident of village Bhaluwana, Pargana Gopalpur. Tehsil Sagri, district Azamgarh, was standing on the Patri of Azamgarh-Faizabad road in village Hichchanpatti, police station Kandharapur, when opposite party Dinesh Chandra Rai came on a Scooter which he was driving rashly, negligently and at a great speed and struck it against Sarju Yadav from behind. The unfortunate man fell down and the vehicle passed through over him and he died on the spot. The opposite party Dinesh Chandra Rai, however, went away from the spot alongwith his Scooter. An F.I.R. of the matter was lodged by the Chaukidar Radhey Lal and the police immediately arrived at the spot and started investigation. Postmortem on the dead body was conducted. The applicants tried to lodge a report naming Dinesh Chandra Rai as an accused but their report was not taken down and, therefore, they sent a complaint to the Superintendent of Police on the basis of which a criminal case was started against Dinesh Chandra Rai. They filed the present claim petition with the allegation that they were entitled to a sum of Rs. 50,000/- by way of compensation.

(3.) I summoned the record of the criminal revision No. 1518 of 1979 Hanuman Yadav v. Dinesh Chandra Rai. This revision was filed against the judgment and order passed by the III Munsif-Magistrate, 1st Class, Azamgarh, on 30-6-79 acquitting Dinesh Chandra Rai on the charges under Sections 279 and 304-A, IPC. The learned Magistrate's judgment shows that according to him the two eye witnesses, namely Hanuman Yadav and Ram Charan not reliable and were perhaps not present on the spot. He, therefore, acquitted the accused by the judgment dated 30 6-79. Then a revision was preferred before the High Court and was disposed of vide order dated 21-7-80. It was rejected. This is about the criminal case.