SHEO KUMAR SINGH,J. - (1.) The present First Appeal From Order has been filed under Section 173 of the Motor Vehicles Act 1988 against the award dated 23.2.2008 passed by Motor Accidents Claims Tribunal /Additional District Judge, Court No.9, Sultanpur in Claim Petition No. 105 of 2007 whereby an amount of Rs.8,36,124/- was awarded as compensation with interest at the rate of 6% per annum since the date of filing of the petition in favour of claimants.
(2.) One Shiv Prasad Tewari resident of village Purkhipur, Pargana Baraunsa, Tehsil Sadar, District Sultanpur died on account of injuries sustained in motor accident which occurred on 11.2.2007 at about 1.00 P.M. in village Kunwarpur Majre Tarun. Offending vehicle, Tractor No. U.P.-42-H-6178 which was driven by Ram Chandra, carelessly and negligently crushed the deceased causing death on the spot. Leaving the tractor on side, the driver left away. The information was given to police concerned and a tractor was recovered on the spot. The first information report was lodged in the police station Tarun, District Faizabad which was registered as case crime No. 113 of 2007 under Sections 279, 337, 338, 427, 304-A of I.P.C. and after investigation, charge sheet was submitted against the accused Ram Chandra in the competent court. The widow of the deceased, son and daughter filed a claim petition No. 105 of 2007 for an amount of Rs.17,62,000/- with interest before the Accident Claims Tribunal, Sultanpur. After issuance of notice to the opposite parties, written statement was filed before the Tribunal and the Tribunal formulated five relevant issues to dispose of the claim petition. The first issue which was framed by the Tribunal was to the effect as to whether on 11th of February, 2007 at about 1.00 P.M. the driver of the offending vehicle, Tractor No. U.P.-42-H-6178, driving the vehicle carelessly and negligently dashed Shiv Prasad causing death on the spot. Second and third issues are to the effect as to whether the vehicle was insured at the time of accident and as to whether the driver had valid and effective driving licence at the time of the accident. After giving an opportunity of hearing to both the parties, the Tribunal decided the claim petition and awarded a total amount of Rs.8,36,124/- with interest @ 6% per annum and directed the appellant to pay the amount within stipulated time, failing which, the amount will be recovered in accordance with law.
(3.) Aggrieved by the order, the present appeal has been filed on the ground that the deceased was firstly hit by an unknown jeep causing him to fall down and thereafter the alleged offending tractor insured by the appellant crushed his head causing serious injuries and death.;