Ravindra Nath Mishra, J. - (1.) The instant appeal has been filed under Section 173 Motor Vehicles Act, 1988 by the appellant-claimant against the judgment and award dated 23.12.2010 passed by Motor Accident Claims Tribunal/Additional District Judge, Faizabad in Claim Petition No. 211 of 2009: Mohd. Khaleel Vs. I.C.I.C.I. Lombard General Insurance Company Limited and others for enhancement of compensation.
(2.) Brief facts relevant for decision of this appeal are that son of appellant-claimant Mohd. Arif in the night of 20.6.2009 was sleeping in the field near Bazar Sugar Mill, Police Station Rudhauli, District Basti. At about 11.30 in the night driver of Truck No. M.H. 06AQ/237 driving very rashly and negligently came in and ran over the deceased Arif resulting in severe injury to him. He was taken to district hospital, Bahraich, where doctors declared him dead. The deceased Arif was working as Assistant to driver of J.C.B. and was earning Rs. 5,000/- per month at the time of accident. The appellant-claimant approached the Claims Tribunal claiming Rs. 24,30,000/- (Twenty Four Lacs and Thirty Thousand) as compensation due to accident till death of his son Mohd. Arif. Owner of the vehicle filed his reply denying any such accident. He also pleaded that at the relevant point of time the vehicle was insured with respondent No.1, I.C.I.C.I. Lombard General Insurance Company Limited. The Insurance Company also filed written statement pleading inter-alia that the driver of the offending vehicle was having no driving licence. The vehicle was being driven in contravention of terms of insurance policy. The factum of accident was also denied.
(3.) After considering the evidence produced by the parties the Tribunal held that the accident had taken place due to rash and negligent driving of the driver of the offending vehicle No. MH06AQ/237. The offending vehicle was also found to be insured with respondent No.1, I.C.I.C.I. Lombard General Insurance Company Limited at the time of accident. The Tribunal also held that at the time of accident, the driver of the offending vehicle had valid driving licence.;