Shabihul Hasnain, J. - (1.) This Appeal has been preferred against the judgment and award dated 16.10.2012, in Motor Accident Claim Petition No. 26 of 2011 (Smt. Geeta Devi and others v/s. Pankaj Singh and others), passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Lakhimpur Kheri.
(2.) Heard Sri P.N. Dwivedi, learned counsel for appellants and Sri Jitendra Narain Mishra, for Insurance Company and gone through the record.
(3.) In nutshell, the facts giving rise to this appeal are that an accident took place on 13.12.2010 when the deceased, Ram Jiwan was coming back on a bicycle from Rajapur along with his brother -in -law, Sarvesh with some materials for use in agriculture, when they reached near Kakarhwa sugarcane centre, the Tractor 555 Arjun, Registration No. 31F2365 fitted with a Trolley loaded with sugarcane allegedly hit the deceased and he breathed his last on the spot. The FIR was lodged by the wife of the deceased, opposite party No. 1, Smt. Geeta Devi.;