JUDGMENT :

Anil Kumar, J.

1. Heard Shri Virendra Mishra, learned counsel for the appellant and Shri Akhter Abbas, learned counsel for the respondent.

2. Facts in brief of the present case are that when father of the claimant, late Achit Kumar Jain, aged about 52 years, s/o. late Pratap Chand Jain and mother of the complainant, Smt. Vidha Jain, w/o. late Achit Kumar Jain, r/o. Jail Road, Aara, District-Bhojpur, Bihar were coming from Lucknow by Indica Car bearing No. B.R. 3 B-1011, which was driven by a driver/Lallan Rajak, they met with an accident which took place at about 9:15 a.m. on 22.7.2003 at Village-Hauj, within the jurisdiction of P.S.-Jafrabad, District-Jaunpur (U.P.) due to rash and negligent driving of driver of Roadways Bus having Registration No. U.P. 65 R-2789, as a result of which, the driver of Indica Car/Lallan Rajak and Achit Kumar Jain sustained grievous injuries and died on the spot whereas Smt. Vidha Jain, while taking her to hospital, also died on the way. In this regard, F.I.R. was lodged and was registered as Case Crime No. 432 of 2003 under Sections-279,