LAWS(ALL)-2017-7-85

SMT. BABY Vs. SRI. PREMPAL

Decided On July 27, 2017
Smt. Baby Appellant
V/S
Sri. Prempal Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellants against the impugned award dated 27.05.2008 passed by Additional District Judge, Court No.15/Motor Accident Claims Tribunal, Kanpur Nagar (hereinafter referred to as Tribunal) in Motor Accident Claim Petition No.371 of 2007 (Smt. Baby and others Vs. Prempal and others).

(2.) The brief facts as stated before the Tribunal are that deceased Sunil Kumar was the resident of Village-Kulgaon, Police Station-Maharajpur, Kanpur Nagar. At the time of accident, age of the deceased was 30 years, who died in a road accident on 21.4.2017 on account of rash and negligent driving of motor vehicle/truck bearing registration No. H.R.-55B/0186 by the driver.

(3.) The FIR was registered with the Police Station-Maharajpur vide Crime No.141/2007 under Sections-279, 338, 304A and 427 of Indian Penal Code. Post-mortem of the deceased was conducted. After investigation in the case charge-sheet was filed by the police. Appellants are the legal representatives of the deceased. At the time of accident the said vehicle was insured with the respondent No.2 the insurance company. Claimants appellants preferred Claim Petition No.371 of 2007 claiming compensation for Rs.12,64,000.00.