- (1.) This appeal has been filed by the claimants against award dated 28.1.2017, rendered by Motor Accident Claims Tribunal/Addl. District Judge, Court No.11, Sitapur. The claim petition has been dismissed in view of findings recorded on issue Nos. 1 and 2.
(2.) Gist of issue No.1 is - whether when deceased Rampal was going on his motorcycle to his house, near Benipur Crossing, the driver of tractor No.UP34W/5368 while driving fast and negligently caused accident with the motorcycle of Rampal on 25.12.2012 at 1745 hours, which caused the death of Rampal Gist of second issue is - whether the deceased was negligent in the said accident ?
(3.) The issues have been decided against the appellant claimants primarily on the ground that in regard to alleged incident of 25.12.2012, the crime was registered on 5.1.2013 in police station Hargaon, district Sitapur vide Crime No.3/2013 under Sections 279, 338, 304 I.P.C., i.e. nearly after ten days of the incident. The First Information Report has been registered at the instance of P.W.1 Vimla Devi wife of the deceased Rampal. Vimla Devi, P.W.1 in the First Information Report has stated that husband of Vimla Devi was coming back to his house on 25.12.2012 at 1745 hours when near village Benipur Railway Crossing on Sitapur-Lakhimpur Road, some unknown vehicle being driven fast and negligently caused the accident.;