ORIENTAL INSURANCE COMPANY LTD Vs. LALJI YADAVA

JUDGEMENT

(1.) THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 19.3.2010 passed by the Motor Accidents Claims Tribunal, Bhadohi-Gyanpur in Motor Accident Claim Case No. 62 of 2008 filed by the claimant-respondent nos. 1 and 2 on account of the death of Amarjeet in an accident which took place on 25.9.2008 at 4.00 P.M.

(2.) THE case of the claimant-respondent nos. 1 and 2 was that the said Amarjeet was coming on his cycle from the side of Jangiganj at 4.00 P.M. on 25.9.2008 when a vehicle (Scorpio) bearing Registration No. UP 66 D-0151, which was being driven by its Driver rashly and negligently, came from the direction of Varanasi to Allahabad, and hit the said Amarjeet near New Pandey Dhaba under Police Station-Gopiganj, District Sant Ravi Das Nagar (Bhadohi); and that the said Amarjeet sustained fatal injuries as a consequence of which he died during his treatment; and that the said Amarjeet was aged 19 years at the time of the accident; and that the said Amarjeet used to earn Rs. 5,000/- per month; and that the Report in regard to the accident was lodged at Police Station-Gopiganj and the same was registered as Case Crime No. 1873 of 2008, under Sections 279, 304A of the Indian Penal Code.

(3.) THE Claim Petition was contested by the respondent no. 3 (Driver of the vehicle in question) and the respondent no. 4 (Owner of the vehicle in question) as well as by the Appellant-Insurance Company by filing Written Statements.