SHEO KUMAR SINGH,J. - (1.) This First Appeal From Order has been preferred under Section 173 of the Motor Vehicles Act against the judgment and order dated 28.02.2015 passed by Motor Accident Claims Tribunal/Special Judge (E.C.) Act, Lucknow, in Motor Accident Claim Petition No.138 of 2010- Saurav Gupta and another v. Smt. Hasrati and another, whereby the claim petition filed by the claimants was dismissed by the learned Tribunal shifting 100% responsibility of the deceased in a case of accident.
(2.) Aggrieved by the order of the learned Tribunal, this appeal has been filed with the contention that the learned Tribunal has erred in deciding the case shifting 100% liability on the deceased.
(3.) The brief facts giving rise to filing of the present appeal are that Priyanka Negi was coming from Delhi to Lucknow with her husband Saurav Gupta, appellant no.1, and his friend Vaibhav with Car No. DL 03 TC (SZ) 809 and when she reached near Ravi Filling Station falling in territorial jurisdiction of Police Station Fatehganj East in Bareilly on Delhi- Lucknow National Highway, collided with the vehicle Truck No.HR 63 A 5656 parked by the Driver in the wrong direction without any indicator, parking light or reflector, causing serious injuries to Priyanka Negi, who died later on due to injuries sustained in the accident. Saurav Gupta also sustained injuries and after preliminary treatment she was discharged from the hospital. After the incident, the driver of the truck left the vehicle and flew away. The deceased Priyanka Negi was about 28 years' old at the time of accident and was working as Country Manager and getting a salary of Rs.8,00,000/- per annum. The first information report was lodged at the Police Station Fatehganj East in District Bareilly and after investigation, the charge sheet was filed before the Court. The appellants Saurav Gupta and Smt. Laxmi Devi, husband and mother-in-law of the deceased, filed claim petition before the learned Tribunal and the learned Tribunal, after considering the pleadings of the parties, framed five issues to the effect that as to whether on 27.02.2010 at about 04.30 AM near Ravi Filling Station Police Station Fatehganj East in District Bareilly the vehicle Truck was negligently parked in the wrong side in violation of the rules causing serious injuries to Priyanka Negi who died due to the accident and as to whether the Truck driver had a valid and effective driving license at the time of accident and as to whether the Truck was insured at that time. Issue no.4 was framed to the effect as to whether the driver of the Car was negligent and as to what relief the claimants are entitled. After going through the record and evidence, learned Tribunal analyzed that it was the fault of the driver of the Car who had not stopped the vehicle even after seeing the Truck from a distance of at least 500 meters and if the driver of the Car had taken proper care and attention and had used the brake, the accident could have been avoided. The Tribunal found the driver of the Car fully responsible for causing injuries and thus dismissed the petition. ;