GAURA DEVI Vs. SARDAR KUNDAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by Smt. Gaura Devi against the order dated 21-9-70 passed by the Motor Accident Claims Tribunal, Aligarh dismissing her claim.

(2.) BRIEFLY state, on 12-2-71 Sri Umesh Chandra was coming from Aligarh to Sikandra Rao upon his Motor cycle No. U.S.N. 5195. Sri Jag-dish Prasad (PW 2) was riding on the pillion. At about 8.45 A.M. he reached at a distance of about 5 Km. from Sikandra Rao. A truck No. M.P.G. 9815 was coming from the direction of Sikandra Rao. There was head-on collision in which Sri Umesh Chandra died on the spot. His mother Smt. Gaura Devi had preferred the claim petition before the Motor Claims Tribunal, Aligarh. The deceased was about 21 years of age. He was a partner in the firm carrying on the Sugar manufacturing work. The truck was being driven by Sardar Keshav Singh (O. P. No. 2) and was owned by Sardar Kundan Singh (O.P. No. 1). The truck was insured in Oriental Fire and General Insurance Co. Ltd. According to the petitioner's case the truck was being driven rashly and negligently by the driver. It hit the motor cycle by swering to the right side and then dragged it towards its (of the truck) left side. According to the petitioner the income of the deceased was Rs. 1000/- per month. He had two unmarried sisters and also he was looking after the sugar manufacturing business. A claim of Rs. 2 lacs was preferred. The case was contested by the owner opposite party No. 1 and the Insurance Company O.P. No. 3 and not by the driver opposite No. 2. On the other hand the case of the opposite parties was that the truck was not being driven rashly and negligently, the deceased was driving the motor cycle rashly and with a great speed. He tried to overtake a Tractor with trolly and came on the right side of the road and bit the truck.

(3.) THE driver Keshav Singh was tried for the offence under Section 304-A I.P.C. He has been convicted by the trial court and appeal is pending against that order.