SURAJ BHAN Vs. ANAND

JUDGEMENT

(1.) The claimant has filed the present appeal against the judgment of Motor Accidents Claims Tribunal, Rohtak dated 31.5.2001 by which no compensation was awarded to appellant on account of death of his buffalo.

(2.) In the claim petition under section 166 of the Motor Vehicles Act it was averred that on 15.11.1998 the claimant along with his buffalo was returning home from the village pond and when he had reached near the shop of Jai Bhagwan Thekedar, a truck bearing No. HR 38-A 5983 was coming at a high speed, which was being driven by Anand, respondent No. 1 and it struck against the electric pole as a result of which the electric wires fell on the buffalo which died instantaneously. It was also submitted that buffalo was of Murah breed and was yielding 16 litres of milk per day. It was further claimed that on account of death of the Murah buffalo, the respondents are liable to pay a compensation of Rs. 1,00,000.

(3.) A reply was filed by the insurance company and they denied the fact of any accident having taken place. It has further been submitted by the insurance company that the accident had not taken place in the manner suggested by claimant. However, a perusal of the statements of both the witnesses clearly shows that the accident had taken place because the truck was being driven in a rash and negligent manner. Even the post-mortem report suggests that the buffalo died because of electrocution. Apart from the above, a F.I.R. has been registered. All this leads to only one conclusion that the accident had taken place because of rash and negligent driving of the driver of the offending truck.