Ajit Kumar, J. - (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 11.5.2018 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 10 Kanpur Nagar whereby claim petition no. 560 of 2016 has been allowed for compensation of Rs. 4,83,600/.
(2.) The facts of the case are that deceased Shivam Kumar @ Shibu suffered fatal injury in an accident caused by truck bearing no. UP 78 BT 4026. The claim petition was filed by the dependent with the allegation that truck was being driven negligently and rashly. Besides accidental death the tribunal framed issues with regard to validity of driving licence, insurance cover and quantum of compensation to which claimants should be entitled.
(3.) The Tribunal recorded a categorical finding to the effect that accident did occur on account of rash and negligent driving of the truck driver and that truck driver while driving the truck was possessed of a valid licence . The valid insurance cover was there and, therefore, insurance company was held liable to indemnify the ensured in a third party claim and accordingly directed the insurance company to pay compensation.;