ALLAHABAD HIGH COURT
, J
Rani and Another v. Pawan Kumar Yadav and Another
| Table of Content |
|---|
| 1. accident occurrence and claim initiation details (Para 1 , 2 , 22) |
| 2. insurance company's defenses against liability (Para 3 , 10) |
| 3. court's reasoning on lack of proven negligence (Para 6 , 12 , 18) |
| 4. arguments for establishing claimant's negligence (Para 9 , 24 , 31) |
| 5. application of legal doctrines in negligence (Para 14 , 19 , 20) |
| 6. awarding compensation and conclusion (Para 25 , 32) |
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
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