Judgment

KULDIP SINGH, J.- Delay condoned.

2. Special leave granted.

3. Abdul Rehman, deceased, a student of B.Sc. Ist year Biology, was coming back from the college on a bicycle on 9-9-1971 at about 5/6 p.m. in the evening. He was hit by truck No. UPZ-4272 owned by Nagar Mahapalika, Allahabad. Abdul Rehman died, as a result of the accident, on the spot. Claim application for compensation was filed on 1-3-1972 before the Motor Accident Claims Tribunal (the Tribunal) at Allahabad. The Tribunal dismissed the application. Appeal filed against the order of the Tribunal was also dismissed by a Division Bench of the Allahabad High Court on 28-3-1985. This appeal, by the mother, sisters and brothers of the deceased, is against the judgment of the High Court.

4. It is not disputed that the truck involved in the accident belonged to the Nagar Mahapalika, Allahabad. The claimants examined Abdul Khalique as the only witness relating to the accident before the Tribunal. On behalf of the Nagar Mahapalika, Brij Lal, the driver of the vehicle and Suresh Chand Srivastava, Assistant Engineer, who was an employee of the Nagar Mahapalika, were examined. On appreciation of the evidence, the Tribunal came