- (1.) Heard Shri A. P. Shukla, learned counsel for the appellants (owner of the vehicle), Shri R. C. Sharma for (Insurance Company) respondent no.3 and Shri L. P. Shukla for the respondents no.1 and 2 (claimants).
(2.) The instant appeal has been preferred against the award dated 17.05.2004 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Sitapur in Claim Petition No.42 of 2000 whereby a sum of rupees one lakh ninety two thousand alongwith interest has been awarded in favour of the claimant-respondents no.1 and 2 by means of the aforesaid award.
(3.) Shri A. P. Shkla, learned counsel for the appellants while assailing the award has at the outset submitted that he has made two applications bearing C.M.Application No.118888 of 2019 seeking impleadment of one Janki as a respondent coupled with the fact that another application bearing C.M.Application No.118892 of 2019 for under Order 41 Rule 27 CPC to bring on record the certified copy of the judgment passed by the Chief Judicial Magistrate, Sitapur in criminal case NO.718 of 1998 decided on 15.02.2018. It has been submitted that Janki was impleaded as a defendant before the claims tribunal. However, while filing the aforesaid appeal on account of inadvertence Janki has been left out and therefore, the amendment has been necessitated. It has also been submitted by Shri A. P. Shukla that the entire controversy in the instant petition relates to, who is alleged driver of the offending tractor.;