ORIENTAL INSURANCE COMPANY LTD Vs. JAGDAMBA PRASAD YADAV

JUDGEMENT

(1.) HEARD Shri Pramod Kumar, learned counsel for the appellant, Shri M. E. Khan, Advocate, Shri J. N. Misra, Advocate and Shri Ram Chandra Yadav, learned counsel for the respondents and perused the record.

(2.) THE factual controversy involved in the present case is that On 30.11.2001, when Ram Milan Yadav along with his family was returned to home from village Hansapur, Kandhai ka Purwa on Jeep bearing No.UP 42 -C/2095. At about 11.00 p.m., as soon as the said jeep reached on By -pass crossing which is on Rai bareli -Faizabad Road, the truck bearing No.UP V - 9651 which was coming from Lucknow side, was dashed the jeep as a result of which Shri Ram Milan Yadav had sustained grievous injuries and later on died in District Hospital. In this regard, on 1.12.2001, an F.I.R. was lodged in Kotwali Nagar, Faizabad in Case Crime No.2584/2001 under Section 279, 337, 304 -A I.P.C.

(3.) IN view of the above said facts, the claim petition has been filed by Shri Jagdamba Prasad registered as Claim Petition No.25 of 2002.