PREMWATI Vs. SHIV SHANKER

JUDGEMENT

(1.) By the Court.--Heard learned Counsel for the Appellant as well as learned Counsel for the Respondents and perused the record.

(2.) This appeal under Section 173 of Motor Vehicle Act, 1988 is against the judgment and award dated 3.9.2003 passed by Motor Accident Compensation Tribunal/Additional District Judge of Court No. 2 in Motor Accident Case No. 193 of 2002.

(3.) One Km. Vijay Laxmi, aged about 21 years old happens to be daughter and only child of claimant-Appellants suffered an accident from Vehicle No. U.P. 30 A 5139 on 5.5.2002. When Km Vijay Laxmi was coming to her residence at Village Khemipur and crossing the road a Jeep No. UP 30 A 5139 driven rashly and negligently hit the girl and in consequence thereof she suffered and succumbed to the injury. A first information report was lodged with regard to accident in question. The claimant-Appellants approached the Tribunal claiming compensation under Section 166 of Motor Vehicles Act to the extent of Rs. 10,00000/-(ten lacks). The Tribunal framed issues with regard to accident, rash and negligent driving, driving licence etc. and has recorded a finding that the accident was occurred from the Jeep in question when the deceased was crossing road to reach her house. There appears to have no dispute with regard to accident in question. The Respondent-Insurance Company has also not filed any cross appeal challenging the finding recorded by Tribunal.