FULPATI DEVI Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS is an appeal by the claimant Mrs. Fulpati Devi under Section 110 D of the Motor Vehicles Act, 1939 against the award of the Member, Motor Accident Claims Tribunal, Dibrugarh, rejecting the claim for compensation in respect of the death of her husband Ram Nath Bhagat, arising from a motor accident caused by the driver of the vehicle No. F 7 Ton 1262, namely Kulappan, witness No. 2 for the Respondent opposite party (Union of India).

(2.) THE facts leading to the unfortunate death of the claimant's husband may be stated briefly. Ram Nath Bhagat, who was about 35 years old at the relevant time and was drawing Rs. 250/ - per month from M/s. Dibrugarh Hardware Stores, P.O. Rehabari, Dibrugarh, was going on a bicycle from west to east by the railway station at about 3.30 p.m. on 23.4.1970, when vehicle No. F -7 ton -1262 caused injuries to him resulting in his death. The injuries as sustained by Ram Nath Bhagat were adverted to by Dr. H.N. Ganguli, witness No. 4 for the opposite party. He found the following injuries on the body of the deceased:

(3.) FROM the deposition quoted above, it will appear that the deceased was properly on his left side of the road and that when the vehicle overtook the deceased, who was riding on a bicycle, it knocked the deceased down. This version also gets support from the evidence of Mr. M.C. Mathai, witness No. 1 for the opposite party, who states: "We reached railway station at about 3.30 p.m. Thereafter, we were proceeding towards bazaar at 10/12 K.M. speed. At that time, we heard a sound towards our backside after crossing of a cyclist near the Petrol Pump. On looking behind we saw that two bicycles knocked each other and one of the cyclists fell down towards the rear wheel of the truck. The wheel rolled over the fingers of his leg. The vehicle having been stopped, I got down and pulled out the injured." Kulappan, the driver of the vehicle, who is witness No. 2 for the opposite party, also states: "As soon as the Petrol Pump of the railway station road was crossed, two bicycles knocked each other and one of the cyclists fell down under the vehicle. Mathai Saheb told me to stop the vehicle."