SATISH CHANDRA,J. - (1.) PRESENT appeal under Section 173 of the Motor Vehicles Act has been preferred against the impugned award dated 13.11.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4 Faizabad in Motor Accident Claim Petition No. 171 of 2008.
(2.) IN brief, on 16.07.2006 at about 10.00 pm, the brother of Claimant No.1 Rajendra Kumar was returning to his home by bicycle and when he reached to the East of Village Kotsarai and near culvert on Lucknow-Faizabad Highway, a Maruti Car bearing registration number BLF-447 driven by its driver rashly and negligently, coming from reverse direction, caused a head-on collusion with the bicyclist Rajendra Kumar, in consequence thereof, he succumbed to injuries at the spot. Peoples present at the scene of occurrence noted the number of Maruti Car which came at halt at the same place and later on fled away. The information was communicated to the local police on 17.07.2006 and FIR was also lodged at case crime No. 1119 of 2006 under Sections 279, 304-A IPC at P.S. Cantt. An application on 05.08.2006 was moved at Police Station Cantt. that the accident was caused by Maruti Car number BLF-447. Since Police had not taken any action, another application was moved on 25.11.2006 to Senior Superintendent of Police Faizabad to take action against the owner of Maruti Car. The deceased was a painter having alleged to get wages @150/- per day. His average monthly income comes to Rs.5000/- per month. After the death, daughter of the deceased Km. Kiran, who is minor, had preferred a claim petition under the guardianship of claimant no.2 Sri Ravindra Kumar, who happens to be brother and uncle of Km. Kiran. The Tribunal had framed the following issues: 1. Whether on 16-7-06 at 10 P.M. to the east of Kotsarai and to the west of the culvert the driver of Maruti car no. B.L.F.-0447 driving it rashly and negligently collided the car against Rajendra Kumar, brother of claimant no. 1 and the father of claimant no. 2 causing serious injuries to him and he died on spot due to the injuries caused in the accident ? 2. Whether the driver of Maruti car No. B.L.F.-0447 had valid driving licence effective on 16-7-06 ? 3. Whether Maruti car no. B.L.F.-0447 was insured with opposite party no. 1 United India Insurance Co. Ltd. on 16-7-06. If Yes, its effect ? 4. To what amount of compensation and from which of the party the claimants are entitled to get ?
(3.) ON behalf of the claimant no. 1, Ravindra Kumar himself appeared as CPW-1 and one Prem Nath Chaurasiya, who is an eye witness of the accident, appeared as CPW-2.;