O.P.SAXENA, J. - (1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act against the order dated 30th November 1976 passed by the Motor Accident Claims Tribunal (IV Additional District Judge, Allahabad) awarding a compensation of Rs. 5,160/- to appellant No. 3 Radhey Shyam and Rs. 7,320/- to appellant No. 4 Radhey Mohan with interest at 6% per annum from the date of the award and dismissing the claim of the remaining appellants.
(2.) THE facts giving rise to this appeal are that one Ram Krishna Mauji aged 48 years met with an accident on 29th November 1975, at 6.30 p.m. on the Kanpur Road within the jurisdiction of P.S. Cantonment, Allahabad. He was employed in the Government Press, Allahabad and was going home in a risckshaw. Opposite party do. 1 is the owner of the truck No. U.T.W. 909. Opposite No. 2 is the insurer of the truck. The truck came from the opposite direction and dashed against the rickshaw. Ram Krishna Mauji was thrown on the ground. He sustained severe injuries resulting in his death on the spot. The claimants-appellants filed an application under Section 110-A of the Motor Vehicles Act claiming Rs. 3 lacs as compensation. It was said that the accident took place due to the rash and negligent driving of the truck.
(3.) THE application for compensation was contested by the opposite parties-respondents who denied that the accident was caused due to the rash and negligent driving of the truck. The amount of compensation claimed was also challenged.;