DARSHAN LAL AND ANOTHER Vs. KRISHAN KUMAR GUPTA AND OTHERS
LAWS(ALL)-2017-11-433
HIGH COURT OF ALLAHABAD
Decided on November 06,2017

Darshan Lal And Another Appellant
VERSUS
Krishan Kumar Gupta And Others Respondents

JUDGEMENT

NEERAJ TIWARI,J. - (1.) We have heard Dr. S.B. Singh, learned counsel for the appellants and Sri Anand Kumar Tripathi, Advocate holding brief Sri Amresh Sinha, learned counsel for the Insurance Company - respondent no. 3. None appears for respondent Nos. 1 and 2.
(2.) Brief facts of the case is that the deceased Dilip Kumar, aged about 11 years was son of claimant. He was going to medical store along with his uncle in the evening of 26.6.2000 and a truck bearing No. BR-14 G 0939 coming from Gursahaiganj Side crushed him, resulting his death on the spot. Truck was surrounded by local villagers and shop keepers and truck driver and cleaner left the truck on the spot and ran away. Uncle of the deceased had lodged the F.I.R. and later on, appellants filed Claim Petition No. 81/70/2000 (Darshan Lal and Others v. Krishan Kumar Gupta and Others) , under Section 163-A of the Motor Vehicles Act before Motor Accident Claims Tribunal/District and Sessions Judge, Kannauj, which was decided vide judgment and award dated 14.9.2001. While deciding the claim petition, after exchange of pleadings, Tribunal has framed three issues:-
(3.) Feeling aggrieved by the judgment and award dated 14.9.2001 passed by the Motor Accidents Claim Tribunal/District and Sessions Judge, Kannauj in Motor Accident Claim Petition No. 81/70/2000 (Darshan Lal and Others v. Krishan Kumar Gupta and Others) , by which the Tribunal has awarded a sum of Rs. 52,000/- along with 15% interest per annum as compensation, filed appeal before this Court.;


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