AMITAVA LALA, J. - (1.) BY agreement of the parties the appeal is heard on contest on informal papers.
(2.) THIS appeal is made by the insurance company against an award of Motor Accidents Claims Tribunal, Mathura dated 7th August,2006 challenging involvement of the tempo in the accident and validity of driving licence of the driver. The fact remains that the deceased on 19th January, 2005 had gone from Police Line to Holigate, Mathura to purchase goods. While he was coming back at about 9.30 P.M. of the fateful day, a tempo bearing No. U.P. 85M-9048 rashly and negligently driven hit him in front of Roti Godam, which caused death.
(3.) LEARNED Counsel appearing for the appellant insurance company has submitted that in the F.I.R., there was no mention of tempo No. U.P.-85 M- 9048. Therefore it can not be said that the accident was caused by tempo No. U.P.-85 M-9048. On the other hand, the driver and the owner have admitted that the accident was caused by the tempo bearing No. U.P. 85M-9048.;