HAJI ZAINULLAH KHAN Vs. NAGAR MAHAPALIKA, ALLAHABAD

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) ABDUL Rehman -deceased, a student of B.Sc. 1st year Biology, was coming back from the college on a bicycle on September 9, 1971 at about 5/6 P.M. in the evening. He was hit by truck No. UPZ -4272 owned by Nagar Mahapalika, Allahabad. Abdul Rehman died, as a result of the accident, on the spot. Claim application for compensation was filed on March, 1, 1972 before the Motor Accident Claims Tribunal (the Tribunal) at Allahabad. The tribunal dismissed the application. Appeal filed against the order of the Tribunal was also dismissed by a Division Bench of the Allahabad High Court on March 28, 1985. This appeal, by the mother, sisters and brothers of the deceased, is against the judgment of the High Court.

(3.) ORDINARILY , this Court is loath to interfere with the findings of the two Courts below based on appreciation of evidence, but in the facts of this case we are of the view that the Tribunal examined the evidence in a perverse manner and drew the conclusions which, on the face of it are erroneous. The High Court became totally oblivious to the patent perversity in the appreciation of evidence by the Tribunal. We have, therefore, ventured to re -examine the evidence ourselves.