ASHA DEVI Vs. LAL BAHADUR YADAV AND ORS.

JUDGEMENT

(1.) Heard Sri S.B.Singh, learned counsel for the appellant. None for the respondents.

(2.) This first appeal has been filed by the claimants under provisions contained in Section 173 of Motor Vehicle Act, 1988 being aggrieved by award dated 19.03.2016 passed by the Motor Accident Claim Tribunal, Court No. 2, Chandauli in Motor Accident Claim Petition No. 114 of 2012, Asha Devi Vs. Lal Bahadur Yadav and others, whereby claim petition being filed by the claimants has been dismissed by learned claims tribunal recording a finding claimants could not prove the factum of accident as a result of which they have alleged that there son Deepak Paswan died.

(3.) According to the counsel for the appellant on 17.11.2011 at about 8.00 p.m. when respondent no. 1 Lal Bahadur Yadav was driving tractor bearing registration no. UP 67 H 0551 owned by respondent no. 2 Bechan Prasad Gupta and was driving such tractor loaded with sand from Durgawati at that point of time son of the claimant Deepak was also sitting on the said tractor. When the tractor reached Naubatpur road then close to the bridge next to chari gao, which was being driven rashly and negligently resultantly it had fallen down 25 feets below in a ditch as a result of which son of the claimants got injured. He was evacuated by Keshav Paswan, Ramcharan and others and was admitted to Pandit Kamlapati District Hospital from where he was referred to BHU. At the time he being taken to BHU, he died on way as a result intimation was given at police station Kandva but when no steps were taken by the police to initiate action against the guilty, claimant had moved an application before the court of competent jurisdiction under provisions contained in Section 156(3) of Code of Criminal Procedure when case was registered.