Kaushal Jayendra Thaker, J. - (1.) Heard Sri Amit Manohar, learned counsel for appellant and Sri Tarun Agarwal, learned counsel for Insurance Company.
(2.) This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by Insurance Company, being aggrieved by order dated 4.4.2011 passed by Motor Accident Claims Tribunal / Additional District Judge, Court No.2, Firozabad in MACP No. 1 of 2007 ( Smt. Kamla Devi and others Vs Senior Divisional Manager, The New Indian Insurance Company Ltd. and others) awarding a sum of Rs.3,10,500/- for death of breadwinner of the claimants - respondents.
(3.) The brief facts of the present case are that the applicants are the heirs of deceased (Akhilesh Kumar) who met with an accident on 17.11.2006. He was returning from Firozabad with Bhanwar Singh and when they were on the highway between Shikohabad to Firozabad. When they reached near village Indumai, he took off his vehicle from the main road and they went to Kachhi Sadak on narrow patri ( road) being sand road. Bhanwar Singh was talking on his mobile when a tractor trolley coming from Shikohabad bearing Tractor Trolley No. UP-80 AE-1984 at about 7.00 p.m. dashed with the said motorcycle which was stationary and hit the deceased who were fell down. Police took both the injured to the hospital but the deceased scummed to the injures. FIR was lodged against the driver of tractor one Sukesh son of Moolchand. Deceased-Akhilesh Kumar was aged about 21 years and earning a sum of Rs. 3,000/- per month by working on liqueur shop and he had his own agricultural land also. Respondent nos.1- Insurance Company and Respondent No.2- owner appeared and filed their reply of rebuttal. It is an admitted position of fact that the Insurance Company did not examine anybody as its witness whereas Naresh Kumar has examined himself as DW-1 and has categorically mentioned that the driver was the person against whom the charge sheet was laid. It is an admitted position of fact that two persons died in the accident and that the vehicle was driven by a duly licenced person.;