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2019 Supreme(All) 2555

VIRENDRA KUMAR SRIVASTAVA
Rinki Devi – Appellant
Versus
Jamuna Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kuldeep Kumar Dixit, Prem Prakash
For the Respondent: Om Prakash Mishra

JUDGMENT :

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 trea

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