JANTA DEVI Vs. RAMESH CHANDRA GUPTA

JUDGEMENT

(1.) Heard Sri Shakeel Ahmad Ansari, learned counsel for the appellant and Sri Ved Prakash, learned counsel for the respondents. Present appeal under Section 173 of the Motor Vehicles Act has been preferred against the judgment and award dated 27.7.2006 passed by Motor Accident Claims Tribunal. Lucknow in Claim Petition No. 257 of 2004.

(2.) Brief facts of the case are that the claimants-appellants have filed a claim petition before the Motor Accident Claims Tribunal, Lucknow inter alia on the ground that Sri Chandrashekhar has expired on account of the accident taken place on 7/08-10-2003 by a D.C.M. Truck bearing No. U.P. 33-Z-0796. The notices were issued and the same was contested by the opposite parties and thereafter on the basis of the pleadings exchanged between the parties, seven issues were framed, which are as under:

(3.) The trial court after framing the issues and going through the pleadings, statements of the witnesses recorded before him and after considering the report of the doctors, who have conducted post-mortem of the deceased Chandra Shekhar was of the opinion that the accident was disputed as the cause of death is not the outcome of the accident but it is a murder.