SUNDARA DEVI ALIAS ROOPRANI Vs. MOHAMMAD ZHEER

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the impugned judgment and order dated 21.1.2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Lucknow in Motor Accident Claim Petition No. 564 of 2006, whereby the tribunal has rejected the claim of the appellants. Hence, the present appeal. Permeshwar aged about 55 years, on 15.11.2006 at about 7.00 p.m. after arriving railway station Nigoha by train, was going to his village Mastipur. When he arrived to turning point of Mastipur road, a Motor-cycle No. UP 32 AV 9788 being driven in rash and negligent way coming from reverse direction, hit Permeshwar, in consequence thereof, he fell down on the road and sustained injuries. On 16.11.2006 he was got admitted in the railway hospital, from where he was referred to K.G.M.U. Lucknow. During the course of treatment, he succumbed to the injuries on 22.11.2006. At the time of accident and death, he was working in the railway department with salary of Rs. 8810/-. An FIR was lodged by the son of deceased, namely, Rakesh Kumar on 12.12.2006. In the FIR, number of Motor Vehicle has been given as UP 32 AV 4397. The case was registered as Crime No. 109 of 2006 under Sections 279, 304A and 427 IPC.

(2.) The claimants approached the tribunal and filed claim petition. Before the tribunal defendant Nos. 1 and 2 had filed written statement and denied the occurrence and stated that defendant No. 1 is the owner of motorcycle No. UP 32 AV 9788 and have a valid registration and driving licence insured by National Insurance Company Ltd. Kanpur Nagar, which is valid from 13.7.2006 to 12.7.2007. The police of Nigoha has taken over possession of registration certificate.

(3.) On the basis of pleading on record, the tribunal had framed following issues: