SANJAY KUMAR SADWANI Vs. RAMLAL AND SONS

JUDGEMENT

(1.) Heard Sri Shreesh Srivastava, learned counsel for appellant and Sri Pawan Kumar Singh, learned counsel for respondent and perused the record.

(2.) This appeal, at the behest of the claimants, challenges the judgment and award dtd. 22/7/2020 and the decree dtd. 29/9/2020 passed by Motor Accident Claims Tribunal, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No.1153 of 2014 (Sanjay Kumar Sadwani and another Vs. M/s Ramlal and others) whereby the claim petition filed by the claimant-appellants has been dismissed.

(3.) Factual data as culled out from the record will go to show that the deceased was not tort feasor. Factual data as revealed from the record is that on the fateful day the deceased along with his friend wanted to go for a ride at night though on the date of the night the driver of the car drove the vehicle rashly and negligently and the car turned turtle and due to this accident occurred in the night on 5/9/2014. Unfortunately the death of only son of the claimant occurred on 11/9/2014 after being treated in the hospital.