This appeal has been preferred by the appellants against the judgment and order dated 21-02-1990, passed by the Motor Accident Claim Tribunal, Nainital (hereinafter referred as the Tribunal) in Motor Accident Claim No. 41 of 1981, Smt. Dharamawati Devi & others Vs Gurucharan Singh & others, whereby the claim petition was dismissed by the the Tribunal.

2. Brief facts of the case are that on 25-11-1980, at about 01:30 p. m. Karan Singh was standing on the Kachhi Patri of road near the east of Lok Bastra Ekkai Haripura and persuaded the farmers not to supply sugarcane to the factory. One tractor bearing registration No. UTF 6339 driven by Gurucharan Singh - Opposite party No. 1 in a very rash and negligent manner came there and crushed the deceased. The claim ant claimed Rs. 15, 00, 000/- as com pensation. At the time of accident, the deceased was a practicing lawyer. He was aged of 46 years and his profes sional income was Rs. 1,000/- and by

agriculture and other income comes to Rs. 5, 000/ -. The deceased was a prom ising practicing lawyer and was income tax assessee. Therefore, the claimants filed a claim petition before the Tribu nal concerned in lieu of the death of Karan Singh.

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