Sheo Kumar Singh, J. - (1.) This first appeal from order has been filed against the judgement and order dated 15.10.2016 passed by the Motor Accident Claims Tribunal/Special Judge, E.C. Act, Lucknow in Claim Petition No.572 of 2013; Smt. Savitra Devi and Others v. Smt. Mayawati and Others.
(2.) The contents of the claim petition reveal that on 19.06.2013 at about 11.00am when the deceased Satyapal Singh was going to Village Meesa near Gosaiganj, Lucknow, the driver of offending vehicle bearing registration no.UP-41/C-2496 driving the vehicle rashly and negligently collided with the motorcycle of deceased causing serious injuries and he was taken to the hospital but expired in the way. The deceased was of 27 years age and was doing business of selling ''sarees". His income as stated in the claim petition was about Rs.8,000/- per month. The first information report was lodged in the police station and after that the police has investigated the crime and submitted the report. The claim petition has been filed by the wife and other family members of the deceased and learned Tribunal after examining written statement of the parties and statement of the witnesses came to the conclusion that the accident took place due to rash and negligent driving of the offending vehicle and since the driver had valid and effective driving licence and the vehicle was insured, the award to the tune of Rs.5,57,800/- was awarded to the claimants with six percent interest per annum to be paid by the Insurance Company.
(3.) Aggrieved by the order, the Insurance Company has filed this appeal on the ground that the terms and conditions of the insurance policy have not been followed and it was a case of contributory negligence but the learned Tribunal has not examined this point of issue.;