RAJNISH KUMAR,J. - (1.) The instant appeal has been preferred by the appellant under section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 21.07.2003, passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Lakhimpur Kheri in Motor Accident Claim Petition No. 151 of 1999; Smt. Biddo Devi and others v. Ram Kumar and others.
(2.) The facts of the case are that on 23.09.1999 driver Ramesh, son of Jagannath, resident of Odarahana came to the house of Chhotey Lal and took him in his tractor (Mahindra). While they were going by the Tractor on pacca road, east of Laukiha, after seeing another tractor no.UP-31-C-1055, driver Ramesh started following it, but due to rash and negligent driving of tractor no.UP- 31-C-1055 by its driver, their tractor turned over, as a result of which Chhotey Lal sustained injuries and died on the spot. The post mortem examination of the deceased Chhotey Lal was conducted on 24.09.1999. Thereafter his cremation was done by the claimants/respondents. The incident took place due to rash and negligent driving of tractor No. UP-31-C-1055 by its driver. Due to death of the deceased the future of the claimants/respondents had become ruined as they had no other source of livelihood. The deceased Chhotey Lal was working at the Chakki of Ram Kumar, the owner of tractor and his salary of three months amounting to Rs. 3200/- was due. The claimants/respondents nos.1 to 3 filed the claim petition No. 151 of 1999 for an award of Rs. 2 lakh as compensation. The claimants were mother and brothers of the deceased and they were dependent on the deceased and due to death of deceased they were deprived from love and affection of the deceased.
(3.) The written statement was filed by the respondent no.4-Ram Kumar, owner of the vehicle (now deceased). He pleaded therein that at the time of alleged accident the tractor in question was being driven by an experienced driver; Ramesh Kumar at moderate speed and driver was having valid and effective driving licence. It was further stated that the vehicle in question was insured with the Oriental Insurance Company at the time of accident. Accordingly the claimants/respondents are entitled to get compensation, if any, from the Oriental Insurance Company. On the basis of above, he prayed that he should be exonerated from the liability to pay the compensation.;