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2014 Supreme(All) 835

DEVI PRASAD SINGH, ASHWANI KUMAR MISHRA
RANI – Appellant
Versus
PAWAN KUMAR YADAV – Respondent


Advocates:
Counsel :
Animesh Bajpai for the Appellants; Ashish Chandra Asthana, Avnish Bhatt and Dinesh Kumar for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—The present first appeal from order has been filed challenging the judgment and order dated 26.7.2011, whereby the claim petition of the claimants-appellants has been rejected.

2. Smt. Rani wife of Ram Kumar and her husband Ram Kumar son of Lahori, are the appellants before this Court, who lost their only child, namely Mamta, aged about 8 years on 4.3.2010. The claimants-appellants are resident of village Purebeju, Majra Chanda Balipur, Police Station Nazirabad, District Raebareilly. The claimant-appellant No. 2 Ram Kumar had gone to his in-laws place and was returning alongwith his wife and daughter on 4.3.2010, and while they were at Purepandey Chauraha on Parsadepur Marg, a Bolero Jeep bearing registration No. UP 33M/6991, coming from Raebareilly side dashed/hit the claimants-appellants’ daughter, who was standing on left road side at 4.15 PM, on account of rash and negligent driving, as a result of which she sustained serious injuries and died instantly. The vehicle and its driver were caught at the spot and a timely First Information Report was lodged at 4.45 PM on 4.3.2010 being Case Crime No. 82 of 2010 under Sections 279, 304-A I.P.C





























































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