KAMLA BISHNOI Vs. ROHAN SAXENA

JUDGEMENT

(1.) We have heard Sri Sharad Sharma, counsel for the appellants, as also perused the impugned award and papers filed along with memo of appeal. This FAFO is preferred by the appellants challenging the validity and correctness of the impugned award dated 12.11.2012 passed by Special Judge/Motor Accident Claims Tribunal, Bijnor in M.A.C.P. No. 50 of 2011 : Smt. Kamla & others v. Rohan Saxena & others.

(2.) Brief facts giving rise to this appeal are that deceased Anil Kumar Bishnoi was standing on the footpath of the road on 1.12.2010. At about 5.00 a.m. on 1.12.2010, he was hit there by a Maruti car having registration No. UP 22B-6464 as result of which he died. At the time of accident, the deceased was aged about 42 years and posted as constable in Police Lines, Bijnor, getting salary of Rs. 16,000/- per month. After his death, FIR was lodged by appellant No. 2 against driver of unknown offending vehicle which was registered as Case Crime No. 1192 of 2010 under sections 279 and 304-A, IPC at police station-Civil Lines, District-Moradabad. After investigation, charge-sheet was filed against respondent No. 2/Gendaram son of Sri Nandram, R/o Gangapur Awas Vikas Police Station, Civil Lines, Rampur, who was driving the aforesaid offending vehicle. After filing of charge-sheet, case No. 417 of 2011 : State v. Gendaram was started against respondent No. 2 before A.C.J.M. Court No. 5, Moradabad.

(3.) The appellants also filed claim petition before the MACT, Bijnor in M.A.C.P. No. 50 of 2011: Smt. Kamla & others v. Rohan Saxena & others, claiming a sum of Rs. 25,00,000/- from the respondents. The case was contested by the respondents who filed their written statements.