SUDAMA DEVI Vs. KARIM ULLAH

JUDGEMENT

(1.) This F.A.F.O. has been filed against judgment and order dated 23rd May, 2011 passed by Additional District Judge Court No. 9, Motor Accident Claims Tribunal, Faizabad for enhancement of award granted in Motor Accident Claim Case No. 78 of 2010 by which a sum of Rs. 4,57,520 has been awarded. A claim petition was filed by Sudama Devi and others claiming that Amar Bahadur Singh was going to his duty of security at Ram Janambhoomi and when he reached Faizabad-Raebareilly Road in the night of 21st February, 2010 at about 1:30 a.m., a vehicle No. U.P. 40 2T 4358 being driven rashly and negligently by its driver crushed him due to which he received serious injuries. He was rushed to the District Hospital, Faizabad. On the way he succumbed to the injuries. A first information report was lodged in local Police Station, Kumarganj same-day which was registered as crime number 108 of 2010 under Sections 279, 337 and 338, I.P.C. At the time of death deceased was employed as a Constable in Police Department and was earning Rs. 20,000 per month and his age was 40 years.

(2.) Karimullah, the owner of the vehicle has filed his written statement denying the accident and asserted that the driver and the vehicle was insured by the O.P. No. 3 the insurance company and the insurance was valid from 18th of February, 2010 to 17th of February, 2011.

(3.) O.P. No. 2 by filing his written statement denied the accident but has asserted that he was having valid and effective driving licence which was valid till 27th of July, 2012.