RAGHUNATH KAR Vs. SHASIKALA DEVI

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act (hereinafter referred to as 'the Act') by the claimants whose application for compensation has been rejected by the Motor Accidents Claims Tribunal.

(2.) THE applicants filed a claim petition under Section 110 -A of the Act claiming compensation to the tune of Rs. 20,000/ -alleging that their daughter Soshia Dei, aged 13 years while moving on the left side of the road near village Laxminarayanpur on the Express Highway was killed by the collision of the truck ORU 668 which was being driven rashly and negligently. It is alleged that the truck knocked down the deceased and left the place at a great speed. According to the claimants the girl was earning Rs. 200/ - per month by selling snacks and the said income was supplementing the income of the family.

(3.) THE Tribunal framed 4 issues and on issue No. 2 which is the most important issue as to whether the accident was caused due to rash and negligent driving of the vehicle ORU 668, the Tribunal came to hold that no conclusion could be drawn that the girl had died as a result of collision with the vehicle ORU 668 and that the driver of the vehicle was responsible for her death. On issue No. 3, which was with regard to the quantum of compensation, the Tribunal held that the claimants would be entitled to Rs. 8,000/ -, but in view of the conclusion on issue No. 2, the application was rejected and hence the present appeal.