VIPIN KUMAR SHARMA Vs. MAMTA TIWARI AND ORS.

JUDGEMENT

(1.) Heard Sri Amarjeet Singh Rakhra, learned counsel for appellant, Sri Inderpreet Singh Chadh, learned counsel appearing on behalf of Insurance Company,Sri Shashank K. Singh, learned counsel appearing on behalf of claimants/respondent Nos. 1 to 5 and perused the record.

(2.) Factual matrix of the present case are that on 24.04.2009 one Sri Adarsh Kumar Tiwari, while he was returning back from his petrol pump to his house at Ataria a Maruti Van having registration No. U.P. 25G/8281 due to rash and negligent driving of his driver dashed Sri Adarsh Kumar Tiwari, as a result of which he has sustained grievous injury, taken into the medical college, Lucknow where the doctor after examining him declared as death. In the matter in question, an FIR was lodged as Apradh Sankhya 291/2009 under Section 279, 304A, 427 I.PC.. in Thana- Ataria District - Sitapur.

(3.) In view of the said factual background, the claim petition no. 161 of 2009 has been filed by the claimants in order to claim compensation arising out of the accident in question, Sri Vipin Kumr Sharm and the New India Assurance Company Ltd. have been impleaded as opposite parties.