- (1.) Instant appeal under Section 173 of Motor Vehicles Act, has been preferred by the State of U.P., against the impugned award dated 4.12.2008 passed by the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Ambedkarnagar.
(2.) On 27.5.2000, the son of the claimant, Chandrawati, wife of Jhinku Prasad, suffered an accident at about 4:00 p.m. Son of the claimant namely, Ramesh Kumar Verma while he was driving Hero Honda No. UP-45-8108 crashed with Truck No. USA-1513. The accident occurred while deceased Ramesh Kumar Verma was coming from Bhiti Block to his residence on Minjhaura Road. After accident, the deceased was admitted in District Hospital, Faizabad from where he was referred to King George Medical College, Lucknow. From the Medical College, he was discharged on 7.7.2000. The deceased Ramesh Kumar Verma died on 21.12.2001. A Claim Petition No. 14/2007 was filed in the year 2007, approximately after lapse of seven years from the date of occurrence of the alleged accident which is said to have occurred on 27.5.2000.
(3.) The Tribunal framed following issues: 1. Whether, on 27.5.2000, at about 4:00 p.m., when the claimant's son Ramesh Kumar Verma on his motorcycle No. U.P.45-8108, coming from Bhiti Block to his residence, suffered with the accident at Chanha Chauraha, towards Minjhaura Road, with the Truck No. USA-1513, because of rash and negligent driving of the vehicle and, whether, the driver of the truck was driving rashly and negligently and hit Ramesh Kumar Verma (deceased) who was on his motorcycle. In consequence thereof, he suffered grievous injuries and during the treatment died? 2. Whether, on the date of occurrence of the accident, the driver of the vehicle was having valid driving license? 3. Whether, the vehicle was injured of the Appellant Insurance Company? 4. The relief if any, the Appellant is entitled for;