Sheo Kumar Singh, J. - (1.) This first appeal from order has been preferred under Section 173 of the Motor Vehicle Act, 1988 against the judgement and order dated 29.01.2014 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Faizabad in Motor Accident Claim Petition No.161/2012; Jagdamba and another vs. Rajesh Tiwari and others, whereby the learned Tribunal has awarded an amount of Rs.8,79,516/- as compensation in case of death of Ajay Kumar.
(2.) The contents of the petition and jugement impugned reveal that on 25.04.2012 at about 7.20am. when the deceased was going to provide medical treatment to his family members by motorcycle No.UP42M/7416, offending vehicle Maruti Swift car No.UP42N/0047 driving the vehicle carelessly and negligently collided with the motorcycle from the back side causing injuries to the deceased and when he was taken to the hospital, he was declared dead. The claim petition was filed by the claimants and after recording the evidence of the parties, the learned Tribunal came to the conclusion that the accident was caused due to rash and negligent driving of the offending vehicle and awarded the compensation as above.
(3.) Aggrieved by the order, the Oriental Insurance Company has filed the present appeal on the ground that in spite of the fact the appellant had taken specific plea in his written statement that the owner or insurer of the motorcycle was necessary party in the claim petition and issue no.4 was framed to the effect but the issue was not decided before taking evidence in the case. Learned counsel for the appellant has submitted that this issue was a preliminary issue and learned Tribunal has erred in disposing of this issue with the final judgement without giving any reason.;