- (1.) HEARD learned State Counsel appearing for the appellant, learned counsel for the respondents and perused the record.
(2.) FACTS of the present case are that Smt. Seema Devi and Shri Daya Ram filed a Claim Petition No.19 of 2010 before the Motor Accident Claims Tribunal/Additional District Judge, Court No.6, Raibareli on the ground that when their son/Saurabh aged about 15 years along with his friend (Anuj kumar) was going to school by his bicycle from his village Raniganj Majre Kalyanpur Surjai, on 21.10.2009 at 9:30 a.m. at Lucknow -Allahabad highway, near P.S. -Jagatpur, Raibareli, a Ambassador Car bearing No.UP -32 BG/3446 dashed/crushed Saurabh as a result of which he received grievous injuries and died.
(3.) THEREAFTER , Motor Accident Claims Tribunal/Additional District Judge, Court No.6, Raibareli on the basis of the facts/evidence on record has allowed the claim petition by judgment dated 6.7.2010, challenged in the present appeal. Learned counsel for the appellant while challenging the impugned judgment submits that the Tribunal while passing the same has not appreciated the fact that a young boy was driving his cycle at full speed and collided with the ambassador car No.UP 32BG/3446 belonging to the office of Institutional Finance and Public Insurance when trying to cross the road, however, driver of the said vehicle tried his level best to save the child but not succeeded in his efforts. He also submitted that the break of the vehicle failed as it was suddenly applied due to which car turn right side and the said car collided with the child. The driver of the vehicle has got valid and effective driving licence and was not at fault.;