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State v. Smt. Jatima - FIRST APPEAL FROM ORDER No. 703 of 1982 [2007] RD-AH 14329 (21 August 2007)


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Court No.1

First Appeal From Order No. 703 of 1982

State of U.P ...... Appellant


Smt.Fatima & others ...... Respondents


Hon'ble Prakash Krishna,J

 Heard the learned standing counsel.   None appears on behalf of the respondents.  

 This appeal is under section  110-D of the Motor Vehicles Act 1939, against the Award  dated 31.3.1982 passed by the IInd Additional District Judge, Bareilly  in Motor Accident Claim Petition No. 13 of 1980.  

  The Tribunal has awarded  a sum of Rs.40,000/- as compensation against the present appellant.   The facts of the case, in brief, are as follows.

One Shamshuddin while driving on a cycle met with an accident on 17.10.1979 when he had gone to market for selling cloth  and was returning from the market  after selling it on the same day in the evening.  His cycle was dashed from behind by the Truck No. USE 7621 and it was being driven by Ravindra  Pal Singh, opposite party No. 2 in the claim-petition.

In reply to the claim petition it was stated that the accident  occurred due to the fault of the cyclist and there was no fault on the part of the driver of the truck.

The Tribunal on the basis of the pleadings of the parties  struck off four issues  and under issue No. 2 & 3 it was found that the truck was being driven rashly and negligently. It consequently awarded a sum of Rs.40,000/-  as compensation amount along with the interest.  

The learned standing counsel  in support of the appeal challenged the findings recorded by the Tribunal under the issues No. 2 & 3.  Issue No. 2  is with the effect as to whether Truck No. USE 7621 was being driven  rashly and negligently and the accident was the result of such driving.   Issue No. 3 was to the effect as to whether the deceased was driving his bicycle negligently? If so, its effect.

The parties led evidence  in support of the respective cases with reference  to the aforesaid issues.  The claimants  have examined Jamil Ahmad and Habib Ahmad who deposed that the truck was being driven rashly and negligently.  The State of U.P, on the other hand, examined the truck driver  Ravindra Pal Singh  and one Tannoo Singh.  The Tribunal,  after making  analysis of the evidence  produced by the parties,    disbelieved the evidence of the truck driver being  interested person  and the evidence of Tannoo Singh as he was a chance witness.  It has also noted the contradiction in the statement of the aforesaid two witnesses and  ultimately  reached to the conclusion  that the presence of Tannoo Singh  at the time of accident is doubtful. After appreciating the evidence on record it has reached to the conclusion that the accident occurred  due to  rash and negligent  driving of the truck and in my view rightly so.  Even otherwise also the compensation awarded by the Tribunal is quite reasonable.

No other point was pressed.  There is no merit in the appeal.  The appeal is dismissed.  No order as to cost.

Date 21.8.2007


(Prakash Krishna, J.)


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