S.B.SINHA, J. - (1.) LEAVE granted.
(2.) THIS appeal is directed against a judgment and order dated 3-04-2008 passed by a learned Single Judge of the High Court of Uttarakhand at Nainital in Appeal From Order No. 589 of 2006. Appellant is the owner of a tractor bearing No. UA06/0363. It hit Paras Gubbar (deceased), son of Shri Harish Chandra Gubbar while he was riding on a cycle. He was aged about 19 years. He sustained an injury his head and died on the spot. His legal heirs and representatives filed a claim petition before Motor Accidents Claim Tribunal, Nainital which was registered as M.A.C.P. No.86 of 2001. An award of Rs.1,32,000/- was passed in favour of the said applicants/claimants. In the said proceedings, appellant inter alia raised a plea that the tractor was being driven by one Diwan Singh and the appellant being the owner thereof was sitting by his side whereafter he ran away. Villagers stopped the vehicle and a first information report was lodged against him alleging that he had been driving the same rashly and negligently. It was, furthermore, stated that the vehicle was insured with Oriental Insurance Company Limited under Policy Cover No. 58226 for the period 5-11-2000 and 4-11- 2001. The insurance company, on the other hand, raised a contention that as the driver of the said tractor was not holding a valid and effective licence, it had no liability to reimburse the owner or the driver for the damages payable by the owner of the vehicle to the claimants-respondents.
(3.) THE learned Tribunal, inter alia, framed the following issues: "(1) Whether the rash and negligent driving by the driver of tractor no. UA 06/0363 on 5.1.2001 resulted in the accident causing death of Paras Gubbar and whether on the said date the tractor was owned by the respondent no. 1 and was insured with by the respondent no. 2 the insurance company? (2) Whether the petitioner suffered damage on account of the said accident and deserved to be compensated, if yes, to what extent and from which party? (3) Whether the petition is maintainable or suffers from non joinder of necessary party has stated by the respondent No. 1 and respondent No. 2 in their replies? (4) Whether the petitioner is entitled to any relief?" An award of Rs. 1,32,000/- was passed in favour of the claimants. An appeal preferred thereagainst by the appellant has been dismissed by the High Court by reason of the impugned Judgment.;