MUNA LAL Vs. MANDAL DUTT

JUDGEMENT

(1.) THIS is an appeal directed against the Judgment of the Member, Motor Accidents Claims Tribunal, Jodhpur dated 5 -2 -83 whereby the learned Member, Tribunal has decreed the compensation to the extent of Rs. 11,700/ - with 6% interest.

(2.) THE brief facts giving rise to this appeal are that on 13 -8 -1972 in the evening a truck bearing No. RJQ 8139 was coming from Jaisalmer to Jodhpur. In this truck Ramesh aged 20 years was travelling, Mangal Singh was the driver of the truck. Munna Lal was sitting along with him. It is alleged that Mangal Singh driver of the truck drove the truck in 'a rash and negligent manner. As a result of which near Pokaran this truck got over turned and deceased Ramesh Chandra was crushed to death. The claimant of the deceased Ramash Chandra filed the present claim petition, and claimed a compensation in a sum of Rs. 60,000/ -. The Tribunal after recording necessary evidence and hearing both the parties came to the conclusion that the truck was driven in a rash and negligent manner and he further found that owner of the truck was Munna Lal. Therefore, the present claim petition was filed against the driver Mangal Singh and Munna Lal the owner of the vehicle. The claim of claimants was decreed to the extent of Rs. 11,700/ -.

(3.) MR . Bhansali, learned Counsel for the appellant submitted that the vehicle was not driven in a rash and negligent manner. Learned Counsel submits that no eye witness of the accident was examined and in the present case it has not been proved that whether the truck was driven in a rash and negligent manner or not. In support of his contention Mr. Bhansali has relied on Minu B. Mehta and Anr. v. Balkrishna Ramchandra Nayan and Anr. 1977 ACJ 118.