MAHENDRA DAYAL,J. - (1.) Heard learned counsel for the appellant and the learned counsel appearing for respondents No. 1 and 2. No one has appeared on behalf of opposite party No. 3 inspite of sufficient service of notice.
(2.) The appellant-Insurance Company has challenged the award dated 26.9.2011, passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 11, Lucknow, in Claim Case No. 520 of 2008 mainly on the ground that liability to pay compensation to the respondents No. 1 and 2 has wrongly been fastened upon the appellant Company.
(3.) It has not been disputed that on account of the accident which took place on 5.2.2008 at about 4.00 P.M. near I.B. Petrol Pump, Lalabagh, Lucknow, the deceased Vinod met with an accident and died. The learned Tribunal has recorded a finding that the accident took place on account of rash and negligent driving of Pick Up No. U.P. 32 CN 504. The age of the deceased was 24 years and his monthly income was assessed as Rs. 3,000/- per month. The learned Tribunal has awarded Rs. 4,15,500/- as compensation to the respondents No. 1 and 2. The controversy is with regard to the driving license of the driver who was driving the offending vehicle.;