SUMITRA KAUR Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal filed under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the impugned award dated 20th April, 2004 passed by Motor Accident Claims Tribunal/Additional District Judge Court No. 4, Faizabad in Claim Petition No. 173 of 2003. In spite of revision of list owner's Counsel has not appeared before this Court. We are deciding the case after providing opportunity to learned Counsel for the appellants as well as learned Counsel for the respondent.

(2.) Husband of claimant No. -1 Smt. Sumitra Kaur, late Sri Avtar Singh and respondent Yashpal Singh the owner of motorcycle who were going by motorcycle No. - UP 42 E 6341 on 9th June, 2003 at about 11.00 a.m. On reaching near Ved Mandir, Mohalla Ramkat Ayodhya, Faizabad all of a sudden a cow came in front of the motorcycle and in consequence thereof the motorcycle fell down, causing serious injuries to Sri Avtar Singh and Yashpal Singh also suffered injuries. Avtar Singh was admitted to Rajkiya Sri Ram Hospital, Ayodhya, District Hospital, Faizabad from where he was brought to District Hospital then to Nishat Hospital, Lucknow where he died during the treatment on 13th June, 2003.

(3.) The claimant approached the Tribunal and filed the claim petition. The Tribunal has framed the following issues for adjudication: