BANARSI DAS Vs. MOHD SAFI

JUDGEMENT

(1.) In this appeal learned counsel for the appellant submits that Banarsi Das, appellant has expired but his legal representatives have not been brought on record and his name may be struck off from the record. However, this appeal can be maintained on behalf of his wife smt. Premvati who is the other appellant and was one of the claimants in the original Court.

(2.) Subodh Chandra, who was the son of Banarsi Das and Smt Pranvati, met with an accident on June 21, 1969 at about 7.00 P.M. while he was going on his scooter was struck by truck No. RJW 771 belonging to Mohammed Shafi and which was being driven by that time by Goverdhan. As a result of the aforesaid accident, Subodh Chandra died and a claim petition was filed by his parents Banarsi Das and Smt. Premvati, against the driver, owner fend insurer of the motor vehicle No. RJW 771 on the ground that the said truck was being driven at the relevant lime by Goverdhan in a rash and negligent manner. The Motor Accident Claims Tribunal, Jodhpur by its order dated October 30, 1971 dismissed the claim petition on the ground that the claimants failed to establish that the death of Subodh Chandra was caused on account of rash and negligent driving of the truck by Goverdhan.

(3.) In this appeal, the appellants submitted that the fact that Goverdhan was driving the truck in question rashly and negligently at the time when the said truck dashed against the scooter driven by Subodh Chandra is fully proved by the evidence on record and the trial court erred in dismissing the claim petition.