- (1.) This first appeal from order has been preferred under section 173 of Motor Vehicle Act, 1988 (in short M.V.Act), against the award and order dated 31.8.2017, passed by Motor Accident Claim Tribunal/ Additional District Judge, Court No.6, Shahjahanpur, (in short 'Tribunal') in M.A.C.P. No. 172 of 2016 ( Smt. Rinki Devi and others Vs. Jamuna Prasad and others), whereby the claim petition filed by the appellants-claimants (in short claimants) has been dismissed.
(2.) Brief facts, arising out of this appeal, are that the deceased Raj Pal s/o Natthu Lal, husband of claimant No.1, Smt. Rinki Devi r/o village- Ram Nagar Colony South, P.S Katra Bazar, District Shahjahanpur, was going on 22.3.2016, at 3.00. p.m from his house to Katra Bazar. When he was passing through Mohalla Ram Nagar Colony on Jalalabad road, a Maruti WagonR Car No. U.P.-74-K 8724, which was being driven by respondent No.2, Man Singh, rash and negligently, dashed him from back, whereby severe injuries were caused on his head and legs. Deceased Raj Pal was carried to Siddh Vinayak Hospital, Bareilly for treatment. First Information Report (in short F.I.R) was lodged on 29.3.2016 by the claimant No.1, Smt. Rinki Devi, but during treatment the deceased died on 31.3.2016 due to injuries caused in the said accident.
(3.) A claim petition, for compensation of Rs.24,90,000/-, was filed by the claimants against respondent-owner No.1, Jamuna Prasad, respondent No.2, driver Man Singh and respondent No.3, National Insurance Company-Insurer of the aforesaid car before the Tribunal. The Tribunal, after considering the evidence produced by the claimants, dismissed the claim petition vide aforesaid award and order. Aggrieved by the aforesaid impugned award and order, this appeal has been preferred.;