KUDHERI RAM @ KUDHERI Vs. KAMAL KISHORE

JUDGEMENT

(1.) THIS appeal is filed by the claimant against dismissal of his claim petition.

(2.) APPELLANT 's son Bhavutiram met with an accident on 10th April, 1989 and died after the accident. Claim petition was filed by the father of the deceased. Claim was denied and the driver of the vehicle denied that he was driving the vehicle Matador MKH 7877 and after amendment vehicle number 7879 was denied.

(3.) IN the FIR number of the vehicle which caused the accident is meintioned as MKH 7877. Written complaint was filed by AW-3 Banwarilal wherein he has mentioned that number of the vehicle is 7877 and colour of the vehicle is blue. A.W. 2 Kedar Nath Sharma has also deposed that colour of the vehicle is blue. However, seizure memo Ex. P/2 is of Matador MKH 7879 gray colour. Even in the claim petition, number of the vehicle was mentioned as 7877 which was later amended to 7879.