RAM SEWAK Vs. STATE OF U P

JUDGEMENT

(1.) The above two appeals have been directed against the judgment (award) dated September 6, 1983 passed by Sri H.C. Mittal, District Judge, Claims Tribunal, Jhansi in Claim Petition No. 6 of 1979. First Appeal from Order , No. 866 of 1983 has been filed by the claimant seeking the relief for decreeing the claim in tow against the respondents while First Appeal from Order No. 916 of 1983 was filed by the State of U. P. and another praying that the decree passed by the Court below be set aside and the claim petition be dismissed with costs.

(2.) Since both the appeals have arisen out of the same order, the same would be disposed of together by a common order. First Appeal from Order No. 866 of 1983 is a leading case.

(3.) The Motor Accident Claims Tribunal, Jhansi by virtue of the impugned order, has, granted compensation of Rs. 20,000/- to the claimants, who are father and mother of unfortunate deceased boy aged about 14 years, namely Udai Singh alias Udal Singh. A rider was also imposed that if the claim amount is paid within two months, the opposite parties shall not be liable to pay interest otherwise they will be liable to pay pendente lite and future interest at the rate of Rs. 6/- per cent per annum on Rs. 20,000/4. The brief facts of the case are as follows: 5. The name of deceased boy is Udai Singh alias Udal Singh . He was aged about 14 years at the time of accident. He was a student of Class VIII at the relevant time in Adarsh Inter College, Moth, He was enjoying good health and was free from all diseases. It was alleged that on September 7, 1978 the deceased boy was coming from his field at about 6.00P.M. When he came and was standing near the Chabutra of Thakur Baba and was talking with Lakhan Singh, Sughar Singh etc., the Truck No. U.T. E.2430, Driven by Babdlu came there and dashed against Udai Singh alias Udal singh. The truck was alleged to be driven rashly and negligently. The boy died at the spot. The truck could not be stopped. The place of accident is village Bamhruli within the circle of police station Moth, district Jhansi. It appears that a report was lodged at police station 304-A I.P.C. and case was also registered which resulted in acquittal at the appellate stage. The accident was denied by the respondents.