ANIL KUMAR, J. - (1.) HEARD Shri Pramod Kumar, learned counsel for the appellant, Shri M. E. Khan, Advocate, Shri J. N. Misra, Advocate and Shri Ram Chandra Yadav, learned counsel for the respondents and perused the record.
(2.) THE factual controversy involved in the present case is that On 30.11.2001, when Ram Milan Yadav along with his family was returned to home from village Hansapur, Kandhai ka Purwa on Jeep bearing No.UP 42 -C/2095. At about 11.00 p.m., as soon as the said jeep reached on By -pass crossing which is on Rai bareli -Faizabad Road, the truck bearing No.UP V - 9651 which was coming from Lucknow side, was dashed the jeep as a result of which Shri Ram Milan Yadav had sustained grievous injuries and later on died in District Hospital. In this regard, on 1.12.2001, an F.I.R. was lodged in Kotwali Nagar, Faizabad in Case Crime No.2584/2001 under Section 279, 337, 304 -A I.P.C.
(3.) IN view of the above said facts, the claim petition has been filed by Shri Jagdamba Prasad registered as Claim Petition No.25 of 2002. In the said claim petition, the appellant has been impleaded as defendant no.6 who has filed a written statement inter alia taking a defence that the accident took place due to rash and negligent driving on the part of the driver of Jeep bearing No.UP 42 -C/2095. By judgment and award dated 15.10.2004, allowed the claim petitioner thereby granting the compensation to the tune of Rs.4,23,000/ - along with interest @ 6% from the presentation of the claim petition, challenged in the present appeal.;