- (1.) This appeal by the claimants-appellants is directed against the judgment and Award dated 24.05.2013 as made by the Motor Accident Claims Tribunal (Additional District Judge, Court No.3), Lakhimpur-Kheri ['the Tribunal'] in Motor Accident Claim Petition No.124 of 2012 whereby the Tribunal has proceeded to determine the relevant issue No.1 on the factum of accident against the claimants-appellants for want of evidence; and on that basis, has dismissed the claim application.
(2.) The relevant background aspects of the matter are that the appellant No.1, said to be a blind lady in 66 years of age and the appellant Nos.2 and 3, said to be the minors in about 12 and 9 years of age, preferred the claim application aforesaid through their next friend/guardian Shri Sanjay Kumar, who is son of the appellant No.1 and uncle of the appellant Nos.2 and 3. It was submitted that the victim Arvind Kumar died due to the injuries sustained in the vehicular accident caused by the vehicle belonging to the respondent No.1, which was being driven by the respondent No. 2 and was insured with the respondent No.3. While stating that the deceased was a skilled mason and was also engaged in agriculture, it was submitted that the claimant-appellant No.1 was the blind mother of the victim, whereas the claimant nos.2 and 3 were his minor sons, whose mother had already expired; and all the claimants were dependent solely on the victim. The other factual aspects relating to the accident and the basis of claim need not be dilated for the short point involved in this appeal.
(3.) The relevant aspects of the matter are that the claim application was filed on 03.04.2012 by Sanjay Kumar as the next friend/guardian of the claimants. In the claim application, issues were framed on 30.03.2013 with reference to the pleadings of the parties. Issue No.1 was framed on the question if the victim Arvind Kumar sustained injuries due to the accident caused by the vehicle belonging to the respondents and died because of such injuries. The Tribunal posted the matter for evidence on 04.04.2013 and then, adjourned the same to 16.04.2013.;