SHEO KUMAR SINGH,J. - (1.) This First Appeal From Order has been preferred under Section 173 of the Motor Vehicles Act against the judgment and order dated 07.07.2006 passed by Motor Accident Claims Tribunal/2nd Additional District Judge, Lucknow, whereby in Motor Accident Claim Petition No.119 of 1998 - Arti Tripathi and others vs. Girja Shankar Tripathi and others, learned Tribunal awarded an amount of Rs.9,66,500/- as compensation in case of death of Subhash Chandra Tripathi.
(2.) It appears that on 23.09.1998 at about 11.00 AM one Shri Subhash Chandra Tripathi was travelling on Jeep No. UP-45-2376 from Gonda City to Karnailganj, Gonda. It is alleged that due to careless and negligent driving of the driver the Jeep met with an accident and Shri Subhash Chandra Tripathi sustained injuries which resulted in his death. The deceased was working as Clerk in the office of Deputy Registrar and at that point of time he was getting basic salary amount to the tune of Rs.4225/- per month.
(3.) Shri Girja Shankar Tripathi, respondent no.7, is the registered owner of the said Jeep and Shri Suresh Chandra Srivastava was driving the vehicle at the time of accident. Learned Tribunal framed five issues relating to the fact as to whether on 23.09.1998 at about 11.00 AM the deceased was travelling on the aforesaid vehicle and due to careless and negligent driving of the driver of the aforesaid vehicle, accident took place causing serious injuries and death of the deceased and as to whether the vehicle was insured with the Insurance Company and as to whether there is any violation of the terms and conditions of the insurance policy.;