MANEESHA DUBEY Vs. AAKASH GUPTA

JUDGEMENT

(1.) By way of this appeal, the claimants have challenged the judgment and order dtd. 24/10/2018, passed by Motor Accident Claims Tribunal (MACT)/V-Additional District Judge, Kanpur Nagar (herein after referred to as 'the Tribunal') in MACP No. 470 of 2014 (Smt.Manish Dubey and others vs. Ashish Gupta and another), by which the claim petition of petitioners was rejected by the Tribunal.

(2.) Brief facts of the case are that this claim petition is filed on account of death of deceased Rajeev Dubey in road accident. It is averred in claim petition that on 17/6/2012 at about 8:00 p.m., deceased Rajeev Dubey was going from his home to Sachan Guest House by motorcycle bearing No. UP-78-CL/5855 and when he reached Govind Homeo Hall, a Hyundai-car bearing No. UP-78-AK/9049 came from behind, which was being driven very rashly and negligently by its driver, dashed the motorcycle of the deceased from behind. In this accident, deceased sustained fatal injuries and died during the treatment.

(3.) Respondent No. 1-Akash Gupta filed written statement and submitted that he was driving the aforesaid car at the time of accident and was having valid driving-licence. It was also stated that owner and insurer of motorcycle were not made party.