MEENA DEVI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal, at the behest of the claimants, has been preferred against the judgment and award dated 4.3.1994 passed by Motor Accident Claims Tribunal/IXth Additional District Judge, Bareilly (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 28 of 1992 rejecting the claim petition preferred by the claimants for the death of the sole bread winner.

(2.) Brief facts as culled out from the record are that on 15.12.1991, the deceased-Munna Lal was going to Bareilly from his village on his bullock cart to sell pual (plant of paddy crop). At 3.30 p.m. when he reached near village Maanpur in front of the wine shop, truck No.USS-7695 which was coming from Baheri side and was being driven rashly and negligently dashed the bullock cart from behind and as a result thereof, the deceased fell down on the ground, sustained multiple injuries and succumbed to the injuries on the spot. The deceased was 30 years of age and was earning Rs.1200/- per month as agricultural labourer and was survived by his widow and three children whose claim petition was rejected by the Tribunal.

(3.) It is submitted by the learned counsel for the appellant and as has been urged in the grounds of the appeal that the appellants have fully proved their case that the accident took due to rash and negligent driving of the driver of the truck No.USS7695 and, therefore, contrary findings of the Tribunal is perverse and requires to be upturned. It is submitted that the Tribunal has misinterpreted the evidence and the material on record and findings of the Tribunal is based on the surmises and conjectures. It is further submitted that compensation should be awarded to the claimants in view of the fact that issue No.6 has been decided against the New India Assurance Company.