JHINKI Vs. BABLU @ RAM SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants and perused the impugned award. The appellants have challenged the award dated 4.12.2012, passed by the Motor Accident, Accident Claims Tribunal/Special Judge (E.C. Act)/Addl. District Judge. Azamgarh in M.A.C.P. No. 33 of 1998, whereby the claim petition of the appellants had been dismissed.

(2.) It appears that on 25.1.1998 deceased Barkhoo alongwith his daughter was returning home after grazing his sheeps when at about 7.00 p.m. he reached near petrol pump of Rajadepur within the circle of P.S. Jianpur, District Azamgarh, the driver of jeep No. M.H.O. 6/9993 driving the vehicle rashly and negligently knocked down the deceased from behind causing him fatal injuries and subsequently he died during treatment. It was alleged that 45 years old deceased was earning Rs. 3,000 per month from agriculture and animal husbandry.

(3.) Claim petition was filed against Bablu @ Ram Singh son of Kedar Singh, r/o village Harkhori, P.S. Jianpur, District Azamgarh as owner and driver of the aforesaid vehicle. The opposite party/respondent denied the factum of accident as also the ownership of the aforesaid vehicle stating that the claimant belonged to his village and on account of village partybandi a false report after three days of the alleged accident had been lodged against him.