LAWS(ALL)-2020-2-553

JAGANNATH PAL Vs. RAKESH KUMAR

Decided On February 14, 2020
JAGANNATH PAL Appellant
V/S
RAKESH KUMAR Respondents

JUDGEMENT

(1.) Heard Sri Mata Prasad Yadav, learned counsel for the appellants and Sri Amit Tripathi and Sri Vaibhav Raj, learned counsels for the respondents.

(2.) By means of the present appeal, a challenge has been made to the judgment and order dated 30.05.2017 passed in Claim Petition No.111 of 2016 (Jagannath Pal And Another vs. Rakesh Kumar And Ors.) under Section 166 of the Motor Vehicles Act, 1988 (in short "Act 1988") passed by the MACT Court/District Judge, Gonda ("Tribunal").

(3.) Fact, in brief, of the present case are to the effect that on 17.04.2016 Km. Gunjan Pal, the daughter of the appellants appeared in UPTU examination and after appearing in the said examination, when she was returning alongwith Sri Somnath Pal from the examination center i.e. Nandini Nagar Mahavidayalya, Nawabganj, Gonda, on motorcycle bearing No.U.P.-47 D-0750, she met with an accident near the gate of the University at about 02:00 PM and died due to rash and negligent driving of the driver of Mini Bus having No.UP-42, AT-4070, Sri Rakesh Kumar.