SHAKUNTALA GAJANAN NAIK Vs. TUSHAR V. RAJADHYAX MAJOR

JUDGEMENT

(1.) IN claim petition No. 147 of 1986 the appellants--claimants claimed compensation in a sum of Rs. 1,50,000/-. The story in the Claim Petition was that the deceased Gajanan Naik, the only earning member of the family, on 22nd April 1986 at a place called Hodar, Curchoram, was returning home at about 11 p.m. At that time, he was knocked down by truck bearing registration number plate GDZ 7273 driven by the first respondent. As a result of this accident, the deceased suffered multiple injuries and succumbed to his death on the spot.

(2.) THE respondent No. 1 is the owner-driver of the truck and the defence taken by him was that the truck driven by him never met with any accident on that date at Hodar, Curchoram.

(3.) THE present appeal is against the impugned award of the Tribunal. The appellant No. 1 is the widow and appellants Nos. 2 and 3, at the relevant time when the Claim Petition was instituted, were aged 12 and 8 years respectively. The grievances in the appeal are that the Tribunal is in error in appreciation of evidence and the inferences drawn that the truck driven by respondent No. 1 did not meet with an accident are equally erroneous. It has become, therefore, necessary to view the evidence in this matter.