LAWS(ALL)-1989-7-110

SHARDA DEVI Vs. STATE OF UTTAR PRADESH

Decided On July 11, 1989
SHARDA DEVI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS is an appeal against the decision of the Motor Accident Claims Tribunal, Bulandshahr dismissing the claim petition on the ground that the claimant had failed to establish that the accident was caused by Jeep No. U.P.P. 5330.'

(2.) AFTER having heared learned Counsel for the appellant we find that according to the case established by the appellant the deceased, who was about 22 years' age, along with his student friends, was going in Bus No. UTW 7271 from Etawah to Delhi to see an exhibition. On their way, a few Kilometers before Bulandshahr, they stopped the Bus so that the students may take tea at a tea shop which was on the north side of the road. The students were taking tea in batches. It is also established that while the deceased was crossing the road in order to reach the said shop he was hit by a vehicle coming at fast speed from Sikandarabad side. The vehicle-after causing serious injuries to the deceased went towards Bulandshahr. He was taken to the hospital, Bulandshahr but ultimately he succumbed to his injuries. A claim was put forward by his brothers and sisters.

(3.) THE learned Counsel for the appellant has also not been able to show material evidence on record which may induce us to take different view of the evidence adduced by the parties.