RINA SINHA Vs. RAMKESH

JUDGEMENT

(1.) The present appeal under section 173 of the Motor Vehicle Act 1988 has been filed by the appellants against the Impugned Award dated 21.07.2018 passed by the Ld. Tribunal whereby the Ld. Tribunal has dismissed the claim petition.

(2.) In brief, the facts of the case are that on 13.10.2015, deceased Gaurav Kumar Sinha was travelling in the offending vehicle bearing No. DL 1 YE 1480 and was returning from Pilkhuwa to Ghaziabad. At about 7:00 AM, the offending vehicle reached in front of Pehalwan Hotel, Masuri, U.P. and due to rash and negligent driving on the part of the driver of the offending vehicle, the accident took place in which Gaurav Kumar Sinha received fatal injuries and subsequently died.

(3.) Thereafter, the appellants preferred claim petition before the Tribunal. Respondent No. 1 and 2 herein, who were also respondent No. 1 and 2 before the Tribunal filed their written statement denying the averments in the petition and further stating that the appellants herein had no cause of action for filing the claim petition and also denied that the offending vehicle was being driven rashly and negligently by respondent No. 1.