Rajesh Tandon, J. - (1.)HEARD Sri Sarvesh Agarwal, counsel for the Appellant, Sri D.S. Patni, counsel for the Respondent No. 10.
(2.)BY the present A.O., Appellant has prayed for setting aside the judgment and award dated 25.1.2002 passed by the Motor Accident Claims Tribunal / Addl. District Judge (1st Fast Track Court), Kashipur, District Udham Singh Nagar in M.A.C.P. No. 78 of 2000.
Briefly stated, a claim petition under Section 166/140 of the Motor Vehicles Act was filed being M.A.C.P. No. 78 of 2000 Sri Bachan Singh and Ors. v. Sri Rakesh Kumar alleging therein that on 3rd March, 1990 at about 7.30 p.m., deceased Mangla being a pillion rider with Sri Vijendra Singh was going on Scooter to Village Shivrajpur, when the deceased reached near Shivrajpur Mor, all of a sudden a Truck bearing No. D.L. No. 1 G -6218 (hereinafter referred to as Offending Truck), which was being driven rashly and negligently by its driver dashed the Scooter, due to which deceased succumbed to injuries on the spot. First Information Report of this accident was lodged in Police Station - Jaspur, District Udham Singh Nagar, which was registered as Case Crime No. 74 of 1999 under Sections 79/338/304A, 427 of the Indian Penal Code. The offending truck was allotted a new Number as U.P. 20D 8759 by the R.T.O. Bijnor in place of D.L. 1G -6218. At the time of accident, the deceased was 35 years of age and is survived by his six minor children. According to the claimants, the deceased was earning a sum of Rs. 4,000/ - per month from the work of dairy and as a labourer.

(3.)THE Defendants No. 2, 3 and 4 have filed the written statement, wherein they have denied the factum of having died on account of rash and negligent driving of the offending truck. They have also stated that the offending truck was insured with United India Insurance Company Ltd. with cover note No. 120137, which was valid from 5 -3 -1998 to 4.3.1999.
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