- (1.) HEARD Sri R.C. Sharma, learned counsel for the appellant and learned counsel for the respondents-claimants.
(2.) INSTANT appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the impugned award dated 20.3.2010 delivered by Motor Accident Claims Tribunal/Additional District Judge, Faizabad in Claim Petition No. 109/2009. In brief, on 27.12.2008, the claimant Smt. Saroj Agarwal along with her husband Sri B.B. Agarwal while travelling in their vehicle No. U.P. 25 N 1748 and going from Ram Nagar to Station Road, Onla, a Tanga came from reverse direction on Station Road adjacent to the car. The deceased B.B. Agarwal tried to save the vehicle as well as occupant of Tanga. In consequence thereto, the vehicle ran down 20 feet below the road because of fog. Sri B.B. Agarwal suffered serious injuries and later on admitted to Ram Murti Medical Science and Research Centre, Bareilly. During the course of treatment, he succumbed on 31.12.2008. FIR was lodged at the police station Onla, Bareilly. Deceased B.B. Agarwal was a Senior Teacher in Chacha Nehru Inter College, Onla, District Bareilly. Claimants preferred a claim petition before the Tribunal for payment of compensation under Section 166 of the Motor Vehicles Act.
(3.) RESPONDENT No. 2, who is owner of the vehicle, filed written statement and admitted that he is the registered owner of the Vehicle No. U.R 25 N 1748 in which the deceased along with his wife had travelled. It is alleged that respondent No. 2 is the son of the deceased Sri B.B. Agarwal. The Tribunal framed issues with regard to accident, registration of the vehicle, insurance policy, driving licence and quantum of compensation.;