Attau Rahman Masoodi, J. - (1.) This F.A.F.O filed under Section 173 of Motor Vehicles Act has questioned the legality of impugned award rendered by Motor Accident Claims Tribunal in MACP No. 310 of 2007 on 28.01.2011 whereby a compensation of Rs.3,69,500/- has been awarded in favour of the claimants who are the legal heirs of deceased Mangal. The claim was instituted under Section 163-A of Motor Vehicles Act impleading the insurer as well as the employer/owner of the vehicle as defendant. Liability for satisfaction of the decree under challenge has been fixed upon the appellant who is the owner of the vehicle involved in the accident.
(2.) In an accident that took place on 23.03.1997 at about 3.45 p.m., the vehicle involved is a Tractor bearing number UP43-A 4002 which was duly insured with New India Insurance Company. The Tractor was driven by a driver possessed with a valid driving license. After filing of the claim petition before the Tribunal, appellant as well as the insurer have participated in the proceedings by filing their respective written statements.
(3.) The appellant in the written statement filed before the Tribunal specifically denied the involvement of above tractor in the alleged accident.;