SAROJNI DEVI Vs. GIRISH NARAIN SHUKLA

JUDGEMENT

(1.) Heard Sri R.K. Porwal for the appellant and Sri A.K. Sinha for the Insurance Company. None has appeared for the owner.

(2.) By means of this appeal, the appellants - claimants challenge the judgment and award dated 15.9.1990 passed by Motor Accident Claims Tribunal, Etawah, (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 122 of 1989 awarding a sum of Rs. 92,000/- with interest.

(3.) It was averred in claim petition that the deceased was 33 years of age. He used to do masonery work and was having monthly income of Rs.1,200/-per month. On 30.7.1989 at about 11:00 a.m. on Bharthana - Bakewar road, the deceased was coming from Bharthana Bazar side and was going his village Ureng. He was on his cycle and was paddling it on his extreme left side at reasonable speed. When, he reached in Mohalla Raja Ganj of Bharthana town near Sanskrit Pathshala, a bus bearing registration no. UTL 964 came suddenly on its wrong side of the road and dashed the cycle of Mulayam Singh as a result of which Mulayam received various simple and serious injuries. The bus was being driven rashly and negligently at the time of accident and the principle of res-ipsa loquitor was fully applicable in the facts of the case.