Rajesh Tandon, J. - (1.)Heard Sri Prabhat Pandey, Counsel for the appellant and Sri B.S. Parihar and Mohd. Azim, Counsel for the respondents/claimants. By the present A.O. filed under Sec. 173 of the Motor Vehicles Act, 1988, appellant has prayed for setting aside the award dated 5.5.2007 passed by Motor Accident Claims Tribunal/Fast Track Court Kashipur, District Udham Singh Nagar in Misc. Motor Accident Claim No. 10 of 2006 Mohd. Haneef v/s. Smt. Shabnam and others, whereby the claimants have been awarded a sum of Rs. 1,67,000/ - towards compensation.
(2.)Briefly stated, on 29.11.2000, Nawab (hereinafter referred to as the deceased) was standing in front of Truck No. U.P. No. 21/9600 at D.S.M. Sugar Mill, Dhampur, all of a sudden, driver of the Truck No. U.P. 14/2867 (hereinafter referred to as the offending truck) rashly and negligently started taking the truck back and the deceased got crushed between two trucks. The deceased received fatal injuries and succumbed to injuries on the spot. Post mortem of the deceased was conducted at Government Hospital. At the time of accident, the deceased was 37 years of age and was getting a sum of Rs. 8000/ - per month as according to him, he was posted as Foreman/Chief Operator. Apart from that he was a joint owner of Truck No. U.P. 21 /9600.
(3.)Insurer has contested the claim by filing a written statement Paper No. 11Kha stating therein that at the time of accident, the driver of the truck was not driving the truck rashly and negligently and the deceased died due to his own fault. It has further been stated that at the time of accident, the driver of the offending truck was not holding valid driving licence and the amount claimed towards compensation is excessive.
;