- (1.) THIS appeal under Section 173 of Motor Vehicles Act 1988 (for short 'the Act') has been preferred by the Appellants against the Judgment and award dated 28.1.2008 passed by Motor Accident Claims Tribunal / Special Judge/ Addl. District Judge, Kheri in M.A.C.P. No. 134 of 2003 whereby the claim petition filed by them has been dismissed.
(2.) ACCORDING to the averments made in the claim petition on 24.8.2002 deceased Ram Balister and one Lala Ram were returning home from the market on the same bicycle. It was being cycled by Lala Ram and the deceased was sitting on it as a pillion rider. PW.2 Deshraj the brother of deceased Ram Balister was also coming with them on his own bicycle. At about 6 PM a tractor bearing Registration No. UP 34 D 7536, which was being driven rashly and negligently came from the opposite direction and dashed into the bicycle on which the deceased was sitting. As a result of this accident both the deceased and Lal Ram sustained grievous injuries. They were immediately taken to the District Hospital, Kheri, from where they were referred and admitted to Mayo Medical Centre, Lucknow. On 27.7.2002 the deceased succumbed to his injuries. It was alleged that Rs. 15,000/ - were spent on the treatment, transportation and last rites of the deceased. At the time of accident the deceased was aged about 40 years and having an agricultural income of Rs. 5,000/ - per month.
(3.) IN their joint written statement respondent no. 1, the driver and respondent no. 2 the owner of the tractor denied the accident to have been caused by their tractor. It was alleged by them that on the date of the accident the tractor was being driven very carefully. Just then a crowd had gathered and stopped the tractor and apprehended the driver, who was thereafter taken to the Police Out Post and handedover to the police. In spite of the protest made by the driver, the police kept him confined at the Police Out Post alongwith his tractor. After a great persuasion, the police released him and his tractor after two days. However, copies of registration certificate, driving licence and tractor insurance receipt were kept by the Police. Insurance Company the respondent no. 3 also denied the claim made by the appellants. On the basis of pleadings three issues were framed by the Tribunal. First issue was regarding the accident and negligent driving of the Tractor involved, second was regarding driver's licence and third regarding quantum.;