RAM KRISHNA GUPTA Vs. MUNNI DEVI
LAWS(ALL)-2012-7-131
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on
July 30,2012
RAM KRISHNA GUPTA
Appellant
VERSUS
MUNNI DEVI
Respondents
Referred Judgements :-
MALLAWWA VS. ORIENTAL INSURANCE COMPANY LIMITED [REFERRED TO]MALLAWWA VS. ORIENTAL INSURANCE COMPANY LIMITED [REFERRED TO]
RAMESH KUMAR VS. NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
JUDGEMENT
-
(1.)Shri R. K. Sharma, learned counsel appeared on behalf of the appellant. Ms. Sumaiya Kidvai holding brief of Shri Anand Mohan learned counsel appeared on behalf of opposite party no. 5 and Shri Deepak Kumar Agarwal learned counsel appeared on behalf of opposite parties no. 1 to 4.
(2.)Instant appeal, under Section 173 of the Motor Vehicle Act, has been preferred against the impugned award dated 6.5.1999 passed by Motor Accident Claim Tribunal in Motor Accident Claim petition No. 97 of 1997.
(3.)We have heard learned counsel for the parties at length and perused the record. In brief, deceased Kamlesh Kumar(husband of Smt. Munni Devi) was traveling in truck No. U. P. 34-A-7952 alongwith his goods (vegetables), which he has purchased from whole sale market (mandi). There were other persons traveling in the truck alongwith their goods. At about 4.15 p. m. when the truck reached on Barbat Jahani Marg, because of rash and negligent driving on the part of petitioner the truck turned turtle into the ditch of road side. In consequence thereof serious injury caused to the persons who were traveling alongwith their goods including Kamlesh Kumar. An FIR was lodged and wife of the deceased Smt. Munni Devi, Son Ravindra, daughter Veena devi and Sheela Devi preferred a claim petition. The tribunal had framed the following issues while adjudicating the controversy:-
(1)Whether on 6.4.1997 at 4.15 pm in the evening on Barbat Jahani Khera Marg Village Maksoodpur Police Station Pasigavan district kheri, because of the negligence of driver of vehicle No. U. P. 34 A/7952 the accident occurred in consequence thereof Kamlesh Kumar sustained injuries and succumb to it?
(2)Whether Kamlesh Kumar was traveling in the vehicle in question as gratuitous passenger. In case, Yes, then its effect?
(3)Whether the driver of the vehicle no. U. P. 34 A/7952 was having valid driving licence ?
(4)Whether at the time of accident the vehicle was duly insured with the insurance company ?
(5)To what amount of compensation are the claimants entitled from which party?
(6)Any other relief?
(2.)Instant appeal, under Section 173 of the Motor Vehicle Act, has been preferred against the impugned award dated 6.5.1999 passed by Motor Accident Claim Tribunal in Motor Accident Claim petition No. 97 of 1997.
(3.)We have heard learned counsel for the parties at length and perused the record. In brief, deceased Kamlesh Kumar(husband of Smt. Munni Devi) was traveling in truck No. U. P. 34-A-7952 alongwith his goods (vegetables), which he has purchased from whole sale market (mandi). There were other persons traveling in the truck alongwith their goods. At about 4.15 p. m. when the truck reached on Barbat Jahani Marg, because of rash and negligent driving on the part of petitioner the truck turned turtle into the ditch of road side. In consequence thereof serious injury caused to the persons who were traveling alongwith their goods including Kamlesh Kumar. An FIR was lodged and wife of the deceased Smt. Munni Devi, Son Ravindra, daughter Veena devi and Sheela Devi preferred a claim petition. The tribunal had framed the following issues while adjudicating the controversy:-
(1)Whether on 6.4.1997 at 4.15 pm in the evening on Barbat Jahani Khera Marg Village Maksoodpur Police Station Pasigavan district kheri, because of the negligence of driver of vehicle No. U. P. 34 A/7952 the accident occurred in consequence thereof Kamlesh Kumar sustained injuries and succumb to it?
(2)Whether Kamlesh Kumar was traveling in the vehicle in question as gratuitous passenger. In case, Yes, then its effect?
(3)Whether the driver of the vehicle no. U. P. 34 A/7952 was having valid driving licence ?
(4)Whether at the time of accident the vehicle was duly insured with the insurance company ?
(5)To what amount of compensation are the claimants entitled from which party?
(6)Any other relief?
Copyright © Regent Computronics Pvt.Ltd.