Sudhir Agarwal, Kaushal Jayendra Thaker, J. - (1.) Heard Sri Amresh Sinha, learned Counsel for appellant and Sri R.K. Porwal, learned counsel appearing for the respondents.
(2.) Facts as revealed by record are that on 5.7.2002 at about 4.10 a.m. on Bareilly-Etawah road near Galla Mandi, within circle of P.S. Ikdil, District Etawah, when deceased Shivendra Kumar, along with his two companions, was coming back to Etawah from Basehor after doing AAMPASI work on a motor cycle on left side of road, Tractor no. UP 75-A/1732 coming from the side of Etawah, being driven rashly and negligently by its driver, collided with motor cycle of deceased which resulted into death of Shivendra Kumar while other persons sustained grievous injuries. One Yogendra Singh lodged report of accident at P.S. Ikdil, District Etawah, on same day at 16:25 hours. Investigating Officer investigated case and after observing necessary formalities, submitted charge-sheet against Saran Singh, driver of tractor. Postmortem examination of deceased Shivendra Kumar was conducted on 5.7.2002 at about 10:00 p.m. Tribunal in its final order awarded a sum of Rs.9,52,416/- with interest at the rate of 6% as against a claim petition of Rs.13,00,000/-. Tribunal did not consider driver of motorcycle i.e. deceased negligent. It was driver of Tractor, who was held solely negligent.
(3.) Both owner and Insurance company (appellant) contested petition before Tribunal and filed their written statements separately. The owner - Tofan Singh has averred in his written statement that amount of compensation as claimed, is too excessive, that tractor was duly insured with United India Insurance Co. Ltd. On the date of accident vide cover note no.12810 which was valid w.e.f. 8.9.2001 to 7.9.2002 and tractor was being driven by driver, who had proper driving license on date of accident. Insurance company has mentioned in written statement that no cause of action arose for petitioners to filed instant claim petition as no such accident took place, as alleged in the petition, that, no information as required vide rule 158 (6) of Motor Vehicles Act has been given to Insurance Company either by owner of tractor or by petitioners, that no copy of F.I.R. charge sheet, site plan, postmortem report of deceased, registration certificate of tractor, driving license of tractor, been filed on record, that owner and Insurer of offending tractor have not been made party to petition, that no certificate showing the age and income petition is liable to be dismissed.;