VIRENDRA SINGH Vs. RADHEY SHYAM TIWARI

JUDGEMENT

(1.) Heard, Ms. Suman Lata, learned counsel for the appellant and Sri Rajendra Pratap Singh, Advocate holding brief of Sri Shishir Pradhan, learned counsel for the respondent.

(2.) The instant appeal has been preferred against the judgment and order dated 15.10.2009 passed in Motor Accident Claim Petition No. 116 of 2007 (Virendra Singh v. Radhey Shyam Tiwari and others) by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.8, Raibareily, by which the claim petition has been rejected.

(3.) The brief facts of the case, for adjudication of the present case, are that the appellant-claimant had filed the claim petition alleging therein that the respondent no.1 is the owner of Truck No.U.P.70 A.T./5840 and the respondent no.2 is the Insurance Company, with whom the truck was insured. The appellant-claimant is the driver of the aforesaid truck and is having the driving license of heavy vehicle, which was valid upto 02.03.2009 and was getting Rs.6,000/- per month salary from the respondent no.1. On 04.04.2007, the appellant-claimant, after loading potato in the truck, was going from Allahabad to Mughalsarai. As he reached near Hanumanganj Petrol Pump on Allahabad- Banaras Road, Police Station-Saray Inayat, at about 5:00 a.m., a man was coming with a child on his cycle with high speed from the front side. The appellant-claimant tried to save the cyclist and in the said effort, the truck overturned and the appellant-claimant came under the dala of the truck. Consequently, his one leg was broken. On the information about the accident, the owner of the truck and other persons gathered, who got the truck lifted by a crane.