KAILASH BHATIA Vs. NEETU GAMBHIT

JUDGEMENT

(1.) Heard Sri J. Nagar, Sr. Advocate, assisted by Sri Pratik J. Nagar, learned counsel for the appellant and Sri S.K. Mehrotra, learned counsel for the respondent-Insurance Company. None appears for owner of the vehicle.

(2.) This appeal, at the behest of the claimants, challenges the award dated 22.1.2003 passed by Motor Accident Claims Tribunal/Special Judge, Kanpur Nagar (hereinafter referred to as 'Tribunal') in Claim Petition No.43 of 2000 awarding a sum of Rs.1,44,000/- with interest at the rate of 9%.

(3.) Brief facts of the present case are that on 29.1.1999, Rajesh Bhatia ( deceased along with Ram Bachan Gupta)was going by Scooter and when they reached near the Village Badraka, District Unnao near Achhey Baba place, a truck bearing Truck No. UP-78 N- 3964 came from back driven in rash and negligent manner and turned towards temple i.e. left side of the road and dashed the scooter causing injuries to both the scooter riders. From the injuries sustained by Rajesh, he died on the spot. Truck driver ran away from the spot after leaving the truck on the spot. An FIR was lodged at police Station Achalganj, District Unnao against the driver.