U.P. STATE ROAD TRANSPORT Vs. RAM DULARI

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act preferred against the judgment of the Motor Accidents Claims Tribunal (III Additional District Judge), Fatehpur, awarding Rs. 30,000/- with interest at the rate of six per cent per annum from the date of decree as compensation to the respondents. Out of these Rs. 30,000/-, Rs. 20,000/- had to be paid to the widow and her daughter and Rs. 10,000/- to the mother, minor sister and minor brother of the deceased Ram Pratap.

(2.) RAM Pratap, who had passed B.A. and was doint B.T.C., was going by a cycle on 4th March 1977 at about 3 p.m. when all of a sudden he was crushed by the vehicle UTC 9630 and died in the hospital. On his death a claim petition was filed by the widow of the deceased, his daughter and other relations. The claim was for Rs. 60,000/- on the assertion that the accident occurred due to the sole negligence of the driver of the vehicle aforesaid and that the claimants/respondents had suffered to the extent of Rs. 60,000/- on account of the untimely death of Ram Pratap.

(3.) ON the controversy arising between the parties, both the parties led evidence in support of their respective cases. The claimants produced witnesses to establish that the accident occurred due to the rashness of the driver of the vehicle aforesaid. Witnesses were produced to show source of income and dependents of the family on the income on the deceased.