S.C.CHAURASIA,J. - (1.) HEARD Sri U.P.S. Kushwaha learned counsel for the appellant-company, Sri Sanjay Tripathi, learned counsel for the claimants/respondents and perused the record.
(2.) THE instant appeal has been preferred under Section 173 of Motor Vehicles Act, 1988 against the impugned award dated 29.07.2005 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No. 10, Lucknow in Claim Petition No. 536 of 2001. In brief, facts of the case, are that the accident occurred on 23.08.2000 at about 10.30 a.m. The deceased was traveling in Jeep No. U.P. 42-B 3420 and was going from Faizabad to Ambedkar Nagar. When the Jeep arrived at Village-Rajpur, the Truck bearing No. U.P. 78/9555 coming from reverse direction, being driven rashly and negligently, hit the Jeep, inspite of fact that the driver of the Jeep went left side of the road. In the said accident, the deceased-Rakesh Kumar Verma, occupying a seat in the Jeep, succumbed to his serious injuries on spot. An F.I.R. of the incident was lodged.
(3.) THE dependents of deceased approached the Tribunal claiming compensation by filing the claim petition. During the course of trial, learned Tribunal framed four issues. The Issues are with regard to accident in question, insurance of Jeep and Truck, driving licence of drivers and quantum of compensation. Issue no. 1 relates to accident in question.;