AMRESHWAR PRATAP SAHI,SARAL SRIVASTAVA,J. - (1.) Heard learned Standing Counsel for the appellants as well as Sri Ajay Singh and Vikram Singh, learned counsels for the claimants.
(2.) The State of U.P. and the District Panchayat Raj officer has come up in appeal questioning the correctness of the Motor Accident Claim award dated 30th May, 2008, whereby the tribunal has proceeded to award compensation in respect of an accident in which one Raj Kumar Verma died while driving a Jeep. The facts that emerge from the judgement are to the effect that the said accident took place when an unknown truck that was allegedly coming from the opposite side, hit the Jeep that was being driven by the deceased. This being a hit and run case, the claim petition was entertained and issues were framed pertaining to the cause of the accident and also the entitlement of the claimants to receive compensation. An FIR is also stated to have been lodged and the same has been discussed while deciding issue no. 1 by the tribunal where the conclusion drawn is that the unknown truck had hit the vehicle resulting in the accident causing injuries that were fatal for the deceased Raj Kumar Verma who died on the spot.
(3.) Learned counsel for the appellant has been unable to dislodge the said finding by any evidence that may have been led in this regard and therefore, the factum of accident, the involvement of the vehicle and the consequential death of the deceased remains unassailable.;