VIDHYA AND OTHERS Vs. SHIV KARAN AND OTHERS

JUDGEMENT

(1.) The appellants are the wife and five minor children of the deceased Mangilal, who as per the testimony of PW1 Vidhya Devi, the wife of the deceased, was earning his livelihood as a Teacher drawing wages in sum of Rs. 1455/- p.m. and additionally was earning 500/- p.m. through other activities.

(2.) On 29.5.1986, in the evening around 5.00 PM the deceased was driving his auto-cycle (Vicky) bearing registration No.RNN587. As per the claimants the tractor bearing registration No.RRN 6165, owned by respondents 1, 3 and 4 and driven by respondent No.2 in a rash and negligent manner hit the auto-cycle and the rear wheel of the tractor ran over the deceased resulting in his death.

(3.) After recording evidence, vide impugned award dated 21st September, 1996 the learned Judge, MACT has returned a finding that the offending vehicle was not involved in the accident. The result is the claim petition being dismissed.