- (1.) THIS First Appeal From Order under Section 173 of Motor Vehicles Act filed by appellant is directed against the award dated 27.05.2004 passed by Sri Ashok Kumar Rastogi, Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Hardoi allowing Claim Petition No. 53 of 2002 and awarding a sum of Rs. 02,35,000/ - as compensation to be paid by insurer -appellant.
(2.) I have heard Smt. Alka Saxena, learned counsel for the appellant.
(3.) BRIEFLY stated the facts are that claim petition was filed by Smt. Sudha, Gangadhar and Smt. Sushila under Section 166 of Motor Vehicles Act alleging that Subhash aged about 28 years while he was working in his shop met with an accident with Truck No. U.P. -E/6357 and died. Truck was being driven with rashness and negligence. F.I.R. was lodged at Police Station Pali in Case Crime No. 265 of 2001, under Sections 279, 337, 338, 304 I.P.C. dated 09.12.2001. A sum of Rs. 05,25,000/ - was demanded as compensation. Owner and driver of the vehicle denied the accident and stated that the vehicle being insured, liability to pay is upon the insurer -United India Insurance Co. Ltd. Insurer -appellant also denied the allegations of the claim petition. Tribunal framed following six Issues: - xxx xxx xxx Tribunal concluded that truck driver was driving the truck negligently and due to this negligence, Subhash died. Vehicle was insured by appellant/insurer. Driver Gurjeet Singh had a valid driving licence. A sum of Rs. 02,35,000/ - as compensation alongwith interest @ 6% per annum was awarded by Tribunal. This award dated 27.05.2004 has been challenged in this Court. On 20.08.2004, an application for review was filed annexing therewith the copy of letter sent by Sri H.S. Gill, Surveyor containing the endorsement of concerned Clerk from the office of D.T.O., Amritsar. The review application was rejected on 28.02.2005.;