STATE OF U P Vs. CHANDRAWATI

JUDGEMENT

(1.) Instant appeal under Section 173 of Motor Vehicles Act, has been preferred by the State of U.P., against the impugned award dated 4.12.2008 passed by the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Ambedkarnagar.

(2.) On 27.5.2000, the son of the claimant, Chandrawati, wife of Jhinku Prasad, suffered an accident at about 4:00 p.m. Son of the claimant namely, Ramesh Kumar Verma while he was driving Hero Honda No. UP-45-8108 crashed with Truck No. USA-1513. The accident occurred while deceased Ramesh Kumar Verma was coming from Bhiti Block to his residence on Minjhaura Road. After accident, the deceased was admitted in District Hospital, Faizabad from where he was referred to King George Medical College, Lucknow. From the Medical College, he was discharged on 7.7.2000. The deceased Ramesh Kumar Verma died on 21.12.2001. A Claim Petition No. 14/2007 was filed in the year 2007, approximately after lapse of seven years from the date of occurrence of the alleged accident which is said to have occurred on 27.5.2000.

(3.) The Tribunal framed following issues: