LAWS(ALL)-2018-7-74

CHANDRAWATI TRIPATHI Vs. BRAHMANAND PANDEY & OTHERS

Decided On July 18, 2018
Chandrawati Tripathi Appellant
V/S
Brahmanand Pandey And Others Respondents

JUDGEMENT

(1.) The claimant Smt. Chandrawati Tripathi has preferred the present appeal challenging the order dated 13.12.2007 passed by the Special Judge (E.C. Act), Basti whereby the Tribunal has rejected her claim petition.

(2.) The brief facts giving rise to the present appeal is that the claimant appellant instituted a claim petition being MACP No.50 of 2004 on the ground that on 15.10.2002 at 4:00 P.M., claimant was coming back to her home from her daughter's house and when she reached near the house of Jaynath Mishra, she was hit by a vehicle UP 32P 1606 driven by one Bramhnand Pandey. In the said accident, her right leg was fractured and she also suffered head injuries. She was admitted in the hospital up till 04.11.200 It was further alleged that F.I.R. was lodged by her son Ashwani Kumar Tripathi. In the aforesaid background, she claimed compensation of Rs.3, 70, 000/-.

(3.) The claim petition was contested by owner and driver of the vehicle UP 32P 1606 by filing joint written statement wherein they had denied the factum of accident by Ambassador Car UP 32B 1606. The respondent no.2 owner had also denied his ownership with regard to vehicle no. UP 32P 1606. They further admitted that the alleged accident had taken place due to rash and negligence driving of vehicle Ambassador Car No. UP 32P 1606. They further pleaded that the liability to pay any compensation is of the insurance company as the vehicle was insured by United India Insurance Company Limited.