NATIONAL INSURANCE COMPANY LTD Vs. BIHARI LAL

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/Award dated 1.05.2010 passed by the Motor Accidents Claims Tribunal, Jaunpur in Motor Accident Claim Case No. 83 of 2009 filed by the claimant-Respondent Nos. 1 and 2 on account of the death of Kumari Roopa in an accident which took place on 21.3.2009 at 1 P.M.

(2.) It was inter alia stated in the Claim Petition that on 21.3.2009 at 1 P.M. the Driver of the vehicle bearing Registration No. U.P. 065L/9797 (hereinafter also referred as "the vehicle in question") driving the said vehicle rashly and negligently hit Kumari Roopa daughter of the claimant-Respondent Nos. 1 and 2 at Parashuram Crossing under the Police Station-Machlishahar, District-Jaunpur, resulting in serious injuries to the said Kumari Roopa and on account of the said injuries the said Kumari Roopa died while being taken to the District Hospital for treatment. An amount of Rs. 5,00,000/- was claimed as compensation by the claimant-Respondent Nos. 1 and 2 on account of the death of their daughter Kumari Roopa.

(3.) Vimal Kumar Jaiswal owner of the vehicle in question (Respondent no 3 herein) and Pradeep Kumar driver of the vehicle in question (Respondent No. 4 herein) did not put in appearance despite service nor did any of them file any Written Statement.