Sheo Kumar Singh, J. - (1.) This first appeal has been filed against judgment and order dated 24.1.2013 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.8, Barabanki in Motor Accident Claim Petition No. 435 of 2011, Smt. Savita Sharma and others versus Mohd. Islam and another. By the impugned order, petition filed for award of compensation in case of death of Shiv Ram Sharma, the Tribunal dismissed the petition. Thus the appeal.
(2.) A perusal of claim petition reveals that on 30.6.2011 at about 11.00 A.M., the petitioner Smt. Savita Sharma was going to Faizabad by Maruti Car No. U.P.-32-AC-3477 and was waiting to his family members and the car was in standing position near Rigdhi temple, Siddhaur Road under P.S. Asandra, District Barabanki at the left side of the road. In the mean time, the offending vehicle Bus No. U.P.-35-B-8663 coming rashly and negligently collied with the Maurti Car causing serious injuries to the petitioner Smt. Savita Sharma, her husband Shiv Ram Sharma and her son Dhirendra Kumar. They were taken to the district hospital for first aid and after that, Shiv Ram husband of the deceased died due to injuries sustained in the accident.
(3.) After filing of the claim petition, owner of the vehicle/opposite party No.1 in the claim petition filed his written statement in which he has submitted that the papers of the offending vehicle was valid and effective at the time of accident and since the vehicle was insured, the insurance company is liable to pay the compensation. By filing the written statement, the New India Insurance Company has firstly denied the insurance of the vehicle and taken other pleas of defence.;