J. J. MUNIR
Shiv Prasad Varma – Appellant
Versus
Deo Nrain Singh – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This is a claimants’ appeal under Section 173 of the Motor Vehicles Act, 1988.
2. By the impugned judgment and award dated 18.10.2012, the Motor Accident Claims Tribunal/Additional District Judge Court No. 2, Faizabad has dismissed the appellants’ Claim Petition No. 28 of 2012.
3. The motor accident claim arises from an accident that occurred on 24th of November, 2011 at 5:30 in the evening. The victim was one Surendra Kumar Verma. Verma was on his way to his in-laws from Faizabad after doing his days' work. He was proceeding to Village Pure Kashinath, Haripur Jalalabad, P.S. Cantt, District Faizabad, where his in-laws lived. Verma was hit by a Tata Bus bearing Registration No. UP-42B-1968, that is said to have been driven rashly and negligently. Verma, who was on his side of the road, was hit by the bus and crushed under its wheels. He sustained grievous injuries. The passers-by took him to the District Hospital, Faizabad, but he died on way to the hospital.
4. The claimant-appellant-Phoola Devi is Verma’s widow. It is asserted in the claim that Verma was aged 30 years at the time of accident and was a healthy youngman. He was gainfully self employed as a m
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