- (1.) Heard learned counsel for the parties.
(2.) This First Appeal From Order No. 1193 of 2001 has been preferred on behalf of Insurance Company and F.A.F.O No. 163522, cross appeal, on behalf of claimants, against judgement and award dated 30.4.2001 delivered by Motor Accident Claims Tribunal/Special Judge (E.C. Act) Mainpuri (hereinafter referred to as 'Tribunal') in M.A.C.T Case No. 112 of 2000 (Smt. Munni Devi and others v. Manager M/s Metro Cargo Carriers and another) .
(3.) Learned Counsel for Insurance company has argued that judgement and award is wholly arbitrary and illegal. On the basis of evidence on record, it was clearly established that accident took place as a result of negligence of drivers of both the tractor and truck. Therefore owner of tractor and insurers of tractor were necessary parties. Claim petition was bad for non joinder of necessary parties i.e. owner and insurer of the tractor. It is also contended that driving licence of driver of truck had expired on 30.8.1997 and renewed on 6.6.2000 upto 5.6.2003. Therefore, it was not valid on the date of accident, i.e. 18.3.2000. It is also argued that income of deceased has already been assessed including agricultural income as an amount of Rs. 10,000/per annum, and thus highly excessive amount of compensation has been awarded.;