- (1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed against the impugned judgment and award dated 05.01.2012 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.7, Unnao (hereinafter referred to as 'the Tribunal') in MAC No.18 of 2010 (Mailu alias Nanhakou Vs. Sartaj Ahmad and another) whereby the Tribunal awarded compensation of Rs.1,54,000/ - along with 6% p.a. simple interest in favour of the claimant from the date of filing of the claim petition with a direction to pay the said amount within 30 days. In case, the amount is not deposited within 30, the rate of interest would be 9% from the date of order.
(2.) I have heard Sri Waquar Hashim, learned counsel for the appellant and Sri Mohiuddin Khan, learned counsel for the respondent -claimant. None appears on behalf of respondent no.2.
(3.) IN this case, the appellant Insurance Company did not challenge the quantum of compensation. The contention of learned counsel for the appellant is in two folds. Firstly, that the claim petition was filed under Section 166 of the Motor Vehicle Act, 1988 but no finding of negligence has been recorded against the driver of the offending vehicle and secondly, the mother of the deceased has not been made party in the claim petition which is mandatory on the part of the claimant to implead her as a party and in view of above, the claim petition is not maintainable.;