ARVIND KUMAR TRIPATHI, J. - (1.) HEARD learned counsel for the appellant and learned counsel for the opposite parties.
(2.) THE present first appeal from order has been filed by Oriental Insurance Company Ltd. against award dated 24.11.2004 passed by Motor Accident Claims Tribunal/Additional District Judge,Court No.8, Sitapur in Motor Claim Petition No. 175/2001 "Smt. Vidyawati & Ors. Vs. Vishambhar Nath & Ors.) by which learned Tribunal has allowed the award and directed the Oriental Insurance Company Ltd. to pay Rs.1,77,300.00 (Rs.one lakh seventy seven thousand three hundred) along with 8% simple interest per annum from the date of the appeal till the date of actual payment. It has been mentioned in the claim petition that on 11.5.2001 at about 7.00 p.m. Khushi Ram S/o Late Panchu(deceased) was going to Kutubpur from Village Bisehari on Motor Cycle No. U.P. 34/5592 and as soon as, he reached near Sudhauili Biswa road Village Tikra, Tractor No.UP34A/1296 being driven by its driver rashly and negligently hit the motorcycle due to which he died on the spot. At the time of accident Khushi Ram was working as Sales man in Sadhan Sahkari Samiti earning Rs.6,000.00 per month. By filing this claim petition an amount of Rs. 5,00,000.00 had been claimed.
(3.) OPPOSITE party no.1, did not file any written statement. During pendency of the claim petition, he died and his legal heirs and opposite parties no.2 filed their written statement alleging that the owner of Tractor No. U.P.34A/1269 and the tribunal was insured with the Oriental Insurance Company Ltd. Station Road Sitapur. They denied the accident and submitted that at the time of accident Manjeet Kumar driver was having valid and effective driving licence. Khusi Ram was driving the Motor Cycle U.P. 34/5592 but the owner and insurer of the Motorcycle were not made party. Not a single word has been said in respect of the driving licence of deceased Khushi Ram and the registration certificate, and insurance of the Motorcycle.;