S.S.SODHI,J. - (1.) THE challenge here is to the award of Rs. 40,000/- as compensation to the husband and children of Omli deceased.
(2.) ACCORDING to the claimants, Omli and her husband Sant Ram were coming on their cycle when the truck HRG-1638 came from the opposite direction at a fast speed and hit into their cycle. It was as a result of this accident that Omli deceased was killed. This happened on August 27, 1980 at about 4 P.M., near the Railway Station, Gurgaon. The version of (he truck driver, on the other hand, was that Omli and her husband without bothering to see to the traffic on the road suddenly tried to cross the road and in haste the deceased struck against a rehri as a result of which she fell on the road and sustained injuries. It was denied that she had received any injury from the truck.
(3.) THE case of the claimants rests upon the testimony of PW 4 Sant Ram who deposed to the accident having occurred as per the manner set forth in the claim application. The only witness examined by the opposite party was RW 1 Nanak Chand, the driver of the truck. He, on his part, deposed to the occurrence having taken place as mentioned in his return, namely, that the deceased was trying to cross the road when she struck against a rehri and suffered injuries which later proved fatal.;