DEENANATH Vs. WAZEER (BASEER)

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of Motor Vehicles Act, 1939, passed by the Motor Accident Claims Tribunal, Sagar presided over by Shri S.P. Khare, District Judge, Sagar in Mottor Claim Case No. 33 -B/78.

(2.) THE appellants are the claimants who filed an application under Section 110 -D of the Motor Vehicles Act, 1939 for recovery of damages for the death of their son aged about 12 years. It is not disputed that the owner of the bus was respondent No. 2 Smt. Bhagwati Bai and the respondent No. 1 was a driver of the bus bearing registration No. USG 2126.

(3.) THE respondents Nos. l and 2 did not admit that the death was caused by accident with the motor bus No. USG 2126. On the other hand it was stated that Anil Kumar riding the cycle at a great speed and he was going down the hill. A stone got struck in the cycle chain and therefore, he fell down before the bus and received serious injuries. He died because he was not treated properly. The respondent No. 3 took the plea that it was Anil Kumar who dahsed against the rear portion of bus on account of rash and (sic.) negligent driving.