- (1.) RAJEEV Gupta, C. J. The impugned Award dated 12 04-2007 passed by Motor Accident Claims Tribunal/addl. District Judge, Udham Singh Nagar - Rudrapur in Motor Acci dent Claim Petition No. 2 of 2006 has given rise to the filing of these two appeals i. e. A. O. No. 281 of 2007 and A. O. No. 490 of 2007.
(2.) A. O. No. 281 of 2007 has been filed by the insurer of the offending ve hicle Tractor against the Award, whereas A. O. No. 490 of 2007 is at the behest of the claimants for enhancement of the compensation awarded by the Tribunal. The claimants, who are unfortu nate widow, minor children and mother ot deceased Kishan Lal, claimed com pensation of Rs. 19,22,000/-, by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988, for his death in the motor accident on 25-11 -2005, when he was dashed by the offending vehicle Tractor bearing registration No. UP 04-B-3667 resulting in serious inju ries to Kishan Lal, who succumbed to those injuries on the spot itself, A report about the accident was lodged against the driver of the Tractor (Hardev Singh) at Police Station Bazpur, It was further pleaded in the claim petition that de ceased Kishan Lal was aged about 39 years and used to earn Rs. 6,000/- per month as Mason. The owner and insurer of the of fending vehicle Tractor contested the claim and denied their liability to pay compensation to the claimants. The owner of the Tractor took the plea that the deceased himself was negligent and as such was responsible for the acci dent. It was further pleaded that the li ability, if any, to pay compensation to the claimants was that of the Insurance Company, as the Tractor was insured at the time of the accident. The insurer, on the other hand, pleaded that the Trac tor was being plied in breach of the policy conditions and the driver of the Tractor was not holding a valid driving license.
(3.) THE claimants examined PW1 Ganga Devi and PW2 Hari Singh in sup port of their claim, whereas the owner and insurer of the offending vehicle Trac tor did not examine any witness in re buttal. The Tribunal, on the evidence led by the claimants, held that deceased Kishan Lal died on account of the inju ries sustained by him in the motor acci dent on 25-11-2005; the accident oc curred due to the rash and negligent driving of the driver of the offending ve hicle Tractor; and, as the Tractor was insured at the time of the accident, the Insurance Company was liable to pay compensation to the claimants.;