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2016 Supreme(Online)(All) 51

ALLAHABAD HIGH COURT
, J
Rani and Another v. Pawan Kumar Yadav and Another


1. 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. 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 residents of village Purebeju, Majra Chanda Balipur, Police Station Nazirabad, District Raebareilly. Ram Kumar, claimant - appellant No. 2, had gone to his in - laws place and was returning along with 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 33 - M 6991, coming from Raebareilly side dashed / hit the claimants - appellants' daughter, who was standing on left roadside at 4.15 p.m., on account of rash and negligent driving, as a result of which she sustained serious injuries and died instantaneously. The vehicle and its driver were caught at the spot and a timely first information report was lodged at 4.45 p.m. on 4.3.2010 being Case Crime No. 82 of 2010 under S.279, S.304 - A, Indian Penal Code , in





























































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