MAHBOOB ALI Vs. INDRAWATI

JUDGEMENT

(1.) THIS first appeal has been preferred against the judgment and order dated 14. 3. 1986, passed by the then presiding Officer of the Motor Accidents claims Tribunal (Mr. O. N. Khandelwal as he then was, subsequently elevated to the bench of this court and since retired)whereby the claim petition was rejected.

(2.) BRIEFLY stated the facts are that the claim petition under section 110-A of the motor Vehicles Act was filed by father, brother and sister of the deceased against vehicle owner Lalta Prasad Pandey and national Insurance Co. Ltd. Subsequently on account of death of Pandey, his four daughters and widow were substituted. According to claimants deceased Mohd. Ali aged about 14 years was a motor mechanic and whose monthly income was Rs. 480. On 7. 8. 1982 at about 6 p. m. on Faizabad-Ayodhaya Road near eye hospital he was going on his bicycle on roadside. Suddenly tempo No. UTZ 1552 which was being driven carelessly, did not blow any horn and crushed the deceased. He was taken immediately to District Hospital, Faizabad but before he could reach there, he succumbed to his injuries. The vehicle is said to be insured with National Insurance Co. Ltd. On the basis of his aforesaid monthly income after deducting 1/3rd for his own expenses an amount of Rs. 1,72,000 was demanded on the expectancy of life up to the age of 50 years further.

(3.) THE owner of the vehicle Lalta Prasad pandey did not file any written statement during his lifetime. After his death his daughter Indrawati Pandey pleaded ignoranee regarding alleged incident. But she disclosed that late Lalta Prasad Pandey had executed a mukhtarnama in her husband's favour for plying Tempo. In September 1981, late Lalta Prasad had sold this Tempo to one Mahendra Singh on the condition that Mahendra Singh shall henceforth continue to deposit any dues in respect of tempo and the said Mahendra Singh had engaged a driver for Tempo. But when it came to the notice that Tempo has been detained at Kotwali, it was got released by late Lalta Prasad Pandey. It was also said that the deceased was going very fast on his bicycle on the main road and when the horn was blown he tried to come on the roadside but could not keep balance and suddenly fell and received injuries. Some persons gathered on the place and were under the impression that probably Tempo has caused accident, therefore, they got tempo stopped. But the driver fled away from there due to fear. It was also said that the amount of claim sought is excessive. From the side of National Insurance Co. Ltd. it was said that all the circumstances leading to the accident have not been disclosed. The insurance of the vehicle was also denied and challenged.