- (1.) Heard Mr. Anurag Shukla, learned Counsel for the appellants and Mr. S.S. Rajawat, holding brief for Mr. D.K. Mishra, learned Counsel for the claimant-respondents. Mr. Narvind Kumar Singh also appears for the claimant-respondents. Present appeal under Section 173 of the Motor Vehicles Act has been preferred against the impugned award dated 31.8.2004, passed by the Motor Accident Claims Tribunal/Addl. District and Sessions Judge, Court No. 1, Hardoi in M.A.C.P. No. 21 of 2001.
(2.) Brief facts giving rise to the present appeal is that one Sarvesh was working as helper in vehicle D.C.M. Bearing No. U.P. 30A/4139. The vehicle was engaged to carry Parag milk. On 4.1.2001 at about 11.30 p.m., the vehicle was carrying milk to Hardoi and when it reached near the culvert of cry anpurwa, police station Sandi being driven rashly and negligently became dis-balanced and dashed against a tree. Sarvesh and Arun suffered grievous injuries as a result of dash. The driver ran away from the spot. Sarvesh was admitted in the hospital and ultimately succumbed to the injuries.
(3.) The claimant-respondents have approached the Tribunal by preferring a claim petition under Section 166 of the Motor Vehicles Act. The Tribunal framed seven issues which are as under: 1. Whether on 1.2001 at about 11.30 p.m. in the night near culvert before village Gyanpurwa died in an accident caused by vehicle D.C.M. U.P. 30A/4139 due to rash and negligent driving of the vehicle by into driver? If so, its effect? 2. Whether the offending vehicle was not driven in accordance with the terms and conditions of the Insurance Policy ? If so its effect ? 3. Whether the driver of the offending vehicle had not valid driving licence at the time of accident ? If so its effect ?;