U.K.Dhaon, Narayan Shukla, JJ. - (1.) Heard Sri Rajendra Prasad holding brief of Sri Shishir Pradhan, learned Counsel for the appellant and Sri Rajendra Jaiswal learned Counsel for the claimant-respondents 1 and 2. None has put in appearance on behalf of the respondents No. 3 and 4.
(2.) This First Appeal from Order under Section 173 of Motor Vehicles Act, 1988 arises from the judgment and award dated 7th August, 2004 passed by the Motor Accident Claims Tribunal, Lucknow, in claim petition No. 142 of 1999 by which the claim petition preferred by the respondents 1 and 2 was allowed and a compensation of Rs.1,62,000/- alongwith interest at the rate of 9% was awarded.
(3.) The brief facts of the case are that on account of the serious injuries sustained in the accident due to rash and negligent driving of the driver of tanker No. UGI-9544, Rakesh Kesari expired at King George Medical College, Lucknow on 6th February, 1999. The deceased at the time of accident was a student. The claimant-respondent filed a claim petition claiming a compensation of Rs. 11,65,000/-. The said claim petition was contested by the appellant by filing a written statement. The claim petition was also contested by the respondents 3 and 4 by filing a written statement. It was also stated by the owner of the vehicle that at the time of the accident the driver was having valid driving licence and the vehicle was insured with the United India Insurance Company Limited. The Claims Tribunal on the pleadings of the parties framed seven issues and after considering the materials on record partly allowed the claim petition and awarded the compensation of Rs. 1,62,000/-.;