- (1.) Heard Sri Sharad Tiwari, learned Counsel for the Appellants and Sri Anand Mohan, learned Counsel for the Respondents.
(2.) Appeal under Section 173 of Motor Vehicles Act is preferred against the impugned award dated 7.2.2006, passed by Motor Accident Claims Tribunal/Additional District and Sessions Judge, Gonda.
(3.) On 28th May, 2000 at about 8.30 p.m., when deceased and his son were crossing a over-bridge of Balrampur to Gonda road, Truck No. U.P. 43A/5377 driven rashly and negligently hit the deceased consequent to which the deceased succumbed to injuries and died on the spot. The driver of the said truck ran away leaving the Truck on the spot. An F.I.R. was lodged, thereafter a claim petition was filed before the Claims Tribunal for payment of compensation on behalf of the claimant. The Tribunal framed issues with regard to the accident occurred on 28th May, 2000 at about 8.00 p.m. and with regard to the insurance company and driver and also the policy conditions.;