Arun Tandon, J. - (1.) Heard Mr. Vishesh Kumar Gupta, learned counsel for the petitioner.
(2.) The petitioner, Jabir, claims himself to be the owner of Tata 407 vehicle bearing registration No. UP 23-4016. The said vehicle met with an accident resulting in death of one Ram Prasad, son of Pooran Singh. The dependants/legal heirs of the deceased, Ram Prasad, initiated proceed- ings for compensation under section 166 of Motor Vehicles Act, which were regis- tered as Motor Accident Claims Petition No. 11 of 2003 (Chandra Pal v. Jabir). The aforesaid motor accident claims petition was decided under judgment and order of Motor Accidents Claims Tribunal/District Judge, Moradabad dated 28.10.2004. The relevant portion of the said judgment reads as follows: "Yachika anshtah virudh vipakshigan ish had tak sweekar ki jati hai. Yachigan beema company vipakshi sankhya 2 sey 2,40,000 rupaye (do lakh chalish hajar rupaye) pratikar may vyaj 8 pratishat sadharan vyaj ki dar sey yachika ki tithi sey ta adayagi paney key adhikari hain. Pratikar ki dhanrashi meyn sey 30,000: 30,000 rupaye maye vyaj mritak Ram Prasad ki putriyon Kumari Pravesh, Kumari Lokesh, Kumari Shashi, Kumari Adesh vaputra Sateyndra 'prateyk' key naam kramshah ek varsh, teen varsh, panch varsh, saat varsh yani unkey vyashk honey tak key liye kishi rashtriyakrit bank meyn samyavadhi yojana key antargatjama rahengey. Shesh dhanrashi yachi sankhya 1, 2 va 3 prateyk 30,000 + 30,000 rupaye may vyaj nakad paa sakengey. Pakshkar apana apana vaad vyay swayam vahan karengey kintu beema company ki policy ki sharton ka ulanghan honey key karan ukt dhanrashi beema company vipkashi sankhya 1 sey vashool kar sakeygi."
(3.) It is not in dispute that the petitioner was also one of the defendants in the aforesaid claim petition and the matter was contested on his behalf and thereafter award has been made.;