- (1.) PRESENT appeal under Section of the Motor Vehicles Act has been preferred against the tribunal's judgment and order dated 3.10.2002.
(2.) IN brief, the deceased Bajendra Kumar Sharma, a student of Class -IX of Trilokinath Inter College, Chaurey Bazar (Bhartukhata), Faizabad succumbed to the injuries because of accident occurred with a Tata Sumo No. H.R. 22B/0058. At the time of accident, the deceased Brajendra Kumar Sharma was waiting for appropriate carrier to attend the school at Bhartukhata Chauraha. A Tata Sumo driven rashly and negligently hit the deceased when he was standing on the left side of the footpath. The deceased succumbed to the injuries at the spot after the accident. In consequence thereof, a First Information Report was lodged and the dependents filed a claim petition before the tribunal. The tribunal framed issues and held while adjudicating the issue No. 1 that on 30.9.1999 at about 9.30 a.m., the Tata Sumo driven rashly and negligently hit the deceased who later on succumbed to the injuries at the spot. The tribunal further recorded a finding that the driver of the vehicle was having licence and it was insured by the appellant insurance company. Learned Counsel for the Present appeal under Section of the Motor Vehicles Act has been preferred against the tribunal's judgment and order dated 3.10.2002.
(3.) IN brief, the deceased Bajendra Kumar Sharma, a student of Class -IX of Trilokinath Inter College, Chaurey Bazar (Bhartukhata), Faizabad succumbed to the injuries because of accident occurred with a Tata Sumo No. H.R. -22B/0058. At the time of accident, the deceased Brajendra Kumar Sharma was waiting for appropriate carrier to attend the school at Bhartukhata Chauraha. A Tata Sumo driven rashly and negligently hit the deceased when he was standing on the left side of the footpath. The deceased succumbed to the injuries at the spot after the accident. In consequence thereof, a First Information Report was lodged and the dependents filed a claim petition before the tribunal. The tribunal framed issues and held while adjudicating the issue No. 1 that on 30.9.1999 at about 9.30a.m., the Tata Sumo driven rashly and negligently hit the deceased who later on succumbed to the injuries at the spot. The tribunal further recorded a finding that the driver of the vehicle was having licence and it was insured by the appellant insurance company.;