- (1.) Sri Anand Kumar Sinha, learned counsel for the Insurance Company and Sri Om Prakash Yadav, learned counsel for the claimants are present. None appears for the owner.
(2.) By way of this appeal the Insurance Company has challenges the award and decree dated 29.07.2003 passed by the Motor Accident Claims Tribunal/Special Judge (SC/ST Act), Court No.3, Deoria, in MACP No.102 of 2001.
(3.) The brief facts are that on 02.11.2000 at about 6.00 P.M. deceased Ramnath Chauhan was returning from Shardiha Inter College to his home and as soon as he reached near ITI School, Motorcycle No. U.P.-52C-5319 dashed with him. He fell on the road and during his treatment he passed away in the Gorakhpur Medical College. The claimants are the legal heirs of the deceased. The incident was reported by way of first information report. The vehicle/motorcycle was owned by Abhinandan Yadav and was insured with appellant-insurance company. The vehicle was insured from 31.01.2000 to 30.01.2001. The deceased was 26 years of age and was a carpenter by profession. It was averred that he was earning Rs.150/- per day.;