NEW INDIA ASSURANCE CO Vs. SIRTAJ BAHADUR SRIVASTAVA

JUDGEMENT

(1.) R. H. Zaidi, J. Present appeal under Section 173 of Motor Vehicles Act, is directed against judgment and award dated 15-12-1993 passed by Motor Acci dent Claims Tribunal (1st Addl. District Judge), Lucknow, in Claim Petition No. 99/90, awarding Rupees one lac, with in terest as compensation against the appel lant New India Assurance Co. Limited.

(2.) THE relevant facts of the case giving rise to the present appeal in brief are that it was on 23-1-1990 at 7. 15 a. m. that Gaurav Srivastava son of respondent No. 1 aged about 18 years, student of class XI in Government Jubilee Inter College, Lucknow who was going on his cycle to attend his college on Lucknow- Sitapur road near Anna Dharani Kama, P. S. Hajiganj, Lucknow, was knocked down and killed on account of rash and negligent driving of truck No. UGI-9s20. Gaurav Srivastava succumbed to his in juries on the spot. Respondent Nos. 1 and 2 (father and mother of the deceased), thereafter filed claim petition before the Motor Accident Claim Tribunal, Lucknow against respondent No. 3 (owner of the vehicle), respondent No. 4 driver of the vehicle and the appellant Insurance Co. claiming amount of Rs. 4,86,000 as com pensation. It was pleaded that Gaurav Srivastava was an efficient and brilliant student. Claimants-respondents had tot of hopes and expectations from him, of which claimants were deprived oh account of aforesaid incident. Hence, the claim petition was filed for; the abovementioned relief.

(3.) ON behalf of the claimant-respon dents Sartai Bahadur Srivastava, Ravindra Prasad Snvastava and Anoop Kumar Srivastava were produced as witnesses, who supported the case of the claimants, besides other documentary evidence. In rebuttal of the aforesaid evidence, no oral evidence was produced by the appellant ONly the post-mortem report and F. I. R. (paper No. Ga-6 and Ga-7/1), were filed as documentary evidence. The Tribunal after perusal of the evidence on the record, recorded findings on all issues in favour of the claimants-respondents. It was held that the incident took place on account of rash and negligent driving of the aforesaid truck, and that there was no evidence of the negligence on the part of the deceased. The Tribunal having recorded said find ings, awarded an amount of rupees one lac with interest @ 15% from the date of filing of the claim petition, i. e. , 16-4-1990 by judgment and award dated 15-12-1993, hence, the present appeal.