RESHMA BEGUM Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act has been preferred by Smt. Reshma Begum, widow of the deceased Mohammad Hanif and by his four minor children.

(2.) THE accident occurred at about 6.15 P.M. on 15-7-1976 near octroi post Rampur Road, Bareilly when Mohammad Hanif was returning by Motor Cycle U.P.M. 9948 from the factory M/s Camphor and Allied Products Clutterbuckganj, Bareilly. Near the octroi post, the bus belong ing to the U P. State Road Transport Corporation was coming from the opposite direction. It was being driven by Zahid Ali. The appellants claimed that as the bus was being rashly and negligently driven, it collided with the motor cycle of Mohammad Hanif as a result of which Mohammad Hanif died instantaneously at the spot. The appellants alleged that on account of the death of Mohammad Hanif they were entitled to get compensation.

(3.) FOR proving that the accident resulted due to the negligence of the Roadways, the appellants, produced three witnesses. These witnesses were PW 1 R.S. Reddy, an officer in the Camphor and Allied Products and two othtr pedestrints, namely, PW 2 Abdul Majid and PW 3 Abdul Rehman.