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Date of filing of claim petition : 03.05.2018 Date of framing of issues : 28.09.2018 Date of concluding arguments : 22.01.2024 Date of decision : 01.02.2024 AWARD/JUDGMENT
1. The claim for compensation raised in this petition is in respect of fatal injuries alleged to have been sustained by the deceased Sh. Rokee in a motor accident that took place on 25.06.2016, at Gajroula, District Hasanpur, JP Nagar, U.P. regarding which one FIR/crime No.253/16, under Sections 279/304-A/427 IPC was registered at PS Hasanpur. The vehicle involved in this case is a Bolero car bearing registration No. UP-23L-9083, which at the relevant time of accident was being driven and owned by respondent no. 1 (R-1) and insured with respondent no. 2 (R-2).
2. As per record, the petitioners are mother and father of the deceased. Succinctly put, facts of case are that on the above said date, the deceased was going towards his home by his motorcycle bearing registration No. DL-3SBC-3005 after seeing off his relatives, and when he reached near Hasanpur Gajroula Road, all of a sudden, the offending vehicle bearing registration No. UP-23L-9083, which was being driven by respondent no. 1 on wrong side with high speed and rash and negligent manner, came from Hasanpur to Gajroula and hit the motorcycle of deceased with great force due to which the deceased fell down on the road and sustained grievous injuries. It is further stated that the deceased was removed to Govt. Hospital, Hasanpur, U.P. by the police where his postmortem was conducted, but he died on the way to hospital.
7. On 28.09.2018, the following issues were framed by this tribunal as:-
1. Whether the deceased Rokee sustained fatal injuries in accident which occurred on 25.06.2016, time not known, at Gajroula Hasanpur District, JP Nagar, Uttar Pardesh, caused by rash and negligent driving of vehicle no. UP-23L-9083 being driven and owned by respondent no. 1 and insured with respondent no. 2 ? OPP.
16. It is a matter of record that in the FIR, the number of offending vehicle was mentioned as UP-23K-3433 and the FIR was lodged at the instance of one Anil Kumar, uncle of deceased. In the FIR, the name of driver of the offending vehicle is mentioned as Sh. Rajiv Gujjar, who is alleged to have struck against the motorcycle of deceased while driving the said vehicle in rash and negligent manner.
17. Perusal of chargesheet Ex. PW1/2 (colly) shows that both the informant of the offence namely Sh. Anil Kumar as well as Sh. Vijay, who has been examined by the petitioners as an eye witness of the accident, have been cited as witnesses by the IO in the chargesheet. As per version of PW2, he was the eye witness of the accident and present at the spot of accident. He deposed that on 25.06.2016, he was waiting for some conveyance near the spot of accident and the accident had occurred in his presence when the motorcycle bearing registration No. DL-3SBC-3005 was suddenly hit by Bolero car bearing registration No. UP-23L-9083 coming from Hasanpur to Gajrola from wrong side at a high speed and was driven in a rash and negligent manner. In cross examination, he further deposed that he had seen the registration number of Bolero car and it was UP-23L- 9083. In the cross examination, the only suggestion put to the witness was to the effect that he was not present at the time of accident and deposing falsely being real uncle of the deceased, but there is no suggestion to the effect that the accident was caused by some other vehicle and not by the offending vehicle.