- (1.) Heard Mr. Manish Jauhari, learned Counsel for the appellant/owner of the offending vehicle and Mr. T.J.S. Makkar, learned Counsel for the respondent No.1-New India Assurance Company.
(2.) Appellant, who is said to be the owner of the offending vehicle, has approached this Court under Section 173 of the Motor Vehicle Act, 1988, assailing the judgment and award dated 2.11.2007 passed by the Motor Accident Claim Tribunal/Court of Additional District & Sessions Judge, Room No.4, Lucknow (hereinafter referred to as the "Tribunal"), in Claim Petition No. 340 of 2004 : Ram Chandra and others Vs. Mukesh Kumar Tiwari and others, whereby the Tribunal, while allowing the claim petition, has fastened liability to pay Rs.1,17,000/- as compensation upon the appellant/owner of the offending vehicle.
(3.) Succinctly stated, facts of this case are as under : On 8.5.2004, deceased Smt. Maya Madhuri was coming to home from Chaupatia by foot and at about 10.30 PM, when she reached in front of Hanumanji Mandir situated at Subhash Marg near Birhana Chauraha, then, driver of the truck, bearing registration No. U.P.78 A.N. 7457, while driving it rashly and negligently, who was going from Naka to Pandeyganj, crushed Smt. Maya Madhuri, as a consequence thereof, Smt. Maya Madhuri died on the spot.;