Anil Kumar, J. - (1.) HEARD Sri T.N. Tiwari, learned Counsel for the Appellant and Sri Anand Mohan, learned Counsel appearing on behalf of O.P. No. 1. In brief the facts of the present case are that on 21.05.2004 one Sri Mohd. Harun traveling on his cycle, coming from his field to Ghera, met with an accident on the route Faizabad to Akbarpur, by Tata Sumo having registration No. U.P. 42T 0298 driven negligently and rashly by his drive, as a result of which he died.
(2.) IN view of the abovesaid facts, O.P. Nos. 2 to 6/claimants filed a claim petition (MACT Case No. 7 of 2005 Smt. Sabihannish and Ors. v. Kedar Nath Pandey and Ors. MACT Case No. 7 of 2005) and the owner of the vehicle (Appellant) as well as O.P. No. 1/United India Insurance Company Ltd. Rakabganj, Faizabad the insurer of the vehicle involved in the accident were impleaded as opposite parties. After exchanged of the pleadings between the parties, the Motor Accident Claims Tribunal has framed four issued, out of which issue No. 3 is as follows: "Kya durghatna ke dinank samay wa sthan par uprokt vahan United Insurance Co. dwara bimit thi -
(3.) FURTHER , on the basis of the documentary evidence on record, the Motor accident Claims Tribunal while deciding the issue No. 3 given a finding that premium in respect to the insurance of the vehicle in question has been given by the owner of the vehicle amounting to Rs. 6899/ - by a cheque, dishonoured on 20.11.2003. Accordingly, at the time of the accident, the vehicle in question was not insured with the United India Insurance Ltd. Rakabgaj, Faizabad.;