Rakesh Tiwari, Anil Kumar Sharma, J. - (1.) Heard learned counsel for the appellant and perused the award as also the papers filed alongwith memo of appeal.
(2.) The appellant has challenged the award dated 08.05.2012 passed by M.A.C.T., Court No. 1, Bareilly in Motor Accident Claim Petition No. 1014 of 2009 whereby a sum of Rs. 2,20,500/- have been awarded to the claimants (Respondent Nos. 1 and 2) on account of the death of their unmarried son in the instant motor accident.
(3.) The contention raised by the learned counsel for the appellant is that the accident took place on account of contributory negligence because the deceased himself was crossing the road negligently. It has been further submitted that the driver of the motorcycle has not been arrayed in the petition and at the most right to recovery should have been given to the appellant on account of contributory negligence of the deceased.;