- (1.) This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by Insurance Company, being aggrieved by order dated 7.2.2012 passed by Sri Dinesh Kumar Singh, Motor Accident Claims Tribunal / Additional District Judge, Court No. 10, Varanasi in MACP No. 138 of 2010 (Smt. Renu Singh and others Vs. Pankaj Kumar Singh and others).
(2.) The facts are; on 8/9.7.2016 deceased Pankaj Kumar Singh (Civil Judge, Bahraich) son of Sri Shyam Narayan Singh, resident of House No. S-3,190D-4 Ardali Bazar, Police Station Cantt, Varanasi was coming from Lucknow to Bahraich from his Ford Fusion Car bearing registration No. UP-40 H -7100 and a Truck bearing Registration No. UP-64 B-5886 being driven on the road and due to rash and negligent driving by its driver, it dashed with Ford Fusion Car of Pankaj Kumar Singh-deceased. Due to negligence of driver of truck, Pankaj Kumar Singh died on the spot. He succumbed to death because of the accident, is not in dispute. The heirs of deceased initiated proceedings under Section 166 of Act, 1988 seeking compensation of Rs.1,58,00,000/- for death of Pankaj Kumar Singh. The petition was filed before Motor Accident Claim Tribunal, Varanasi.
(3.) Owner filed objection / written statement taking a stand, disputing involvement of offending vehicle, namely truck in the said accident. Driver also disputed his involvement in the accident.;