- (1.) THIS appeal has been preferred against the judgment dated
(2.) 8.1999 passed by the Motor Accident Claims Tribunal, Pratapgarh ('the Tribunal'), whereby the application for compensation ('application') filed by the appellant has been rejected. The brief facts of the case are that the appellant filed the application on account of death of his mother Smt. Sunder Bai with the averment that on 5.2.1989, Smt. Sunder Bai W/o Late Shri Mohd. Hussain was walking on the road at Pratapgarh and the respondent No.1 Bhupendra Singh, who was driving the motor cycle No.ADG-1924 belonging to respondent No.2 Vakil Khan rashly and negligently, collided with and injured her, she was taken to hospital where she died. 2. It was claimed that the age of deceased Smt. Sunder Bai was 55 years and she used to earn Rs.15/- per day and as the claimant has been deprived of her income and attendance, he was entitled to compensation of Rs.1 lac on that account and was further entitled to Rs.1 lac as compensation for the mental distress suffered by him. A reply to the application was filed by both respondent No.1-driver and respondent No.2-owner of the motor-cycle, whereby they disputed the fact that the claimant was son of deceased Smt. Sunder Bai and it was also stated that she died on account of non-attendance at the hospital and not on account of the accident.
(3.) BOTH the respondent No.1- driver and respondent No.2 ­ owner were set ex-parte as after filing the reply they did not participate in the proceedings before the Tribunal. The applicant led evidence and got recorded statements of himself as AW-1, Shamsher Khan as AW-2 and Kailash as AW-3, who supported his version regarding rash and negligent driving by the respondent No.1 and that the claimant was son of deceased Smt. Sunder Bai.;