NATHU SINGH VERMA Vs. BEHARI DASS

JUDGEMENT

(1.) The claim of the appellants, Who are the parents, brothers and sisters of the deceased Hemendra Singh, was dismissed by the Motor Accidents Claims Tribunal, Ajmer, on 21.8.1984 and against this decision the present appeal has been preferred.

(2.) Hemendra was a student of Class IV in St. Judice School, Adarshnagar, Ajmer. On the fateful day, i.e., on 6.1.1977, he was returning home after taking tuition and he was sitting on the pillion seat of the bicycle driven by Kaliya. The allegation is that when they were on Mayo College Link Road, truck No. RJZ 9041 came at fast speed and the driver Behari Dass came driving the truck rashly and negligently and at that time the accident occurred and Hemendra was crushed under the wheel of the truck. He died on the spot. Damages to the extent of Rs. 80,000/- were claimed. It was mentioned in the claim that the ambition of the parents was to make the deceased a doctor after giving him good education. It was also mentioned that the maternal father of the deceased wanted to adopt him and he had extensive property. All the ambitions came to end with the death of Hemendra.

(3.) One written statement was filed by the owner and the driver of the truck while a separate written statement was filed by the insurance company. The owner and driver denied the accident as well as the claim for compensation. It was mentioned that the driver Behari Dass had been acquitted in the criminal case under Section 304-A, Indian Penal Code, against which no appeal or revision was filed. The insurance company also denied that the accident took place with the track in question. In the additional pleas, it was mentioned that Kaliya was not an experienced cyclist and he could not control his vehicle as two persons were riding the same and the accident occurred because he lost the control. It was mentioned that the driver of the truck tried his best to avoid the accident, hence the insurance company was not liable to pay the compensation.