BASANTI RANI GHOSH Vs. MANICKLAL GUPTA

JUDGEMENT

(1.) This appeal is directed against the judgment dismissing the claim for an award of compensation under Section 110-A of the Motor Vehicles Act passed by the learned Judge, Motor Accidents Claims Tribunal, Calcutta, 24-Parganas at Alipore in Motor Accident Claim Case No. 65 of. 1975.

(2.) The claimant's case was that on 16/1/1975 at 1.30 p.m. Ajit Ghose aged about 7/8 years died as a result of motor accident involving a lorry bearing No. WBL 5852. The accident was claimed to have been caused by the carelessness and negligence on the part of the driver of the said lorry. O.P. No. 1, owner of the lorry, did not enter appearance and also did not contest the claim. The insurance company, O.P. No. 2, duly entered appearance and filed a written statement denying the allegation of negligence of driver of the vehicle.

(3.) The learned Judge in deciding the claimant's case observed that in order to be entitled to compensation arising out of a death caused by a motor vehicle the claimant has to prove that the accident was caused by rash and negligent driving of the motor vehicle by its driver. The learned Judge held that in the instant case no negligence could be proved. The learned Judge held that as a result of the accident Ajit Ghosh died on 16.1.1975; but no negligence or rash driving could be established by the claimant. According to the learned Judge, PWs 1 and 2 did not see the accident at all. Before going into the merits on evidene of this appeal, we propose to consider the impact of Section 140 of the Motor Vehicles Act, 1988. Section 140 runs thus: