KALAWATI DEVI Vs. SUNIL KUMAR

JUDGEMENT

(1.) THIS appeal, under Section 110 -D of the Motor Vehicles Act, has been filed by Smt. Kalawati Devi for more compensation than what had been awarded by the Motor Accidents Claims Tribunal, Jaipur.

(2.) THE accident took place in the night of 28th Feb., 1983. According to the claimant's case, Hanuman Sahai was sleeping in the Metador No. RSK 2955 with its owner. The truck No. HYK 5551, which was running at a very high speed, dashed against the Metador and as a result of the accident, Hanuman Sahai died on the spot. The allegation of the appellant is that the turck was being rashly and negligently driven by the respondent. On account of the speed of the truck, the driver had no control over the same. On account of the accident, the Metador damaged badly and its engine became useless.

(3.) THE respondent denied that the truck was being rashly and negligently driven. It was claimed by the respondent that the Metador had been parked on the main road, as a result of which, the driver of the truck could not save the same.