UNITED INDIA INSURANCE CO LTD Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) PRESENT appeal under Section 173 of the Motor Vehicles Act has been preferred against the impugned award dated 13.11.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4 Faizabad in Motor Accident Claim Petition No. 171 of 2008.

(2.) IN brief, on 16.07.2006 at about 10.00 pm, the brother of Claimant No.1 Rajendra Kumar was returning to his home by bicycle and when he reached to the East of Village Kotsarai and near culvert on Lucknow-Faizabad Highway, a Maruti Car bearing registration number BLF-447 driven by its driver rashly and negligently, coming from reverse direction, caused a head-on collusion with the bicyclist Rajendra Kumar, in consequence thereof, he succumbed to injuries at the spot. Peoples present at the scene of occurrence noted the number of Maruti Car which came at halt at the same place and later on fled away. The information was communicated to the local police on 17.07.2006 and FIR was also lodged at case crime No. 1119 of 2006 under Sections 279, 304-A IPC at P.S. Cantt. An application on 05.08.2006 was moved at Police Station Cantt. that the accident was caused by Maruti Car number BLF-447. Since Police had not taken any action, another application was moved on 25.11.2006 to Senior Superintendent of Police Faizabad to take action against the owner of Maruti Car.

(3.) ON behalf of the claimant no. 1, Ravindra Kumar himself appeared as CPW-1 and one Prem Nath Chaurasiya, who is an eye witness of the accident, appeared as CPW-2.