SATISH CHANDRA, J. - (1.) HEARD Sri U.P.S.Kushwaha, learned counsel for the appellant and Sri R.P.Singh, learned counsel for the respondents.
(2.) THIS 'First Appeal From Order' has been filed by the New India Assurance Co. Ltd. against the judgment and award dated 13.9.2005 passed by the Motor Accident Claims Tribunal, Barabanki in Claim Petition No. 74 of 1999, wherein an award of Rs. 1,72,000/- was awarded. The brief facts of the case are that on 3.1.1999 at about 10.00 A.M., the driver of Truck No. UP 78, N-8706 met with an accident at Haidergarh-Lucknow road near village Gotauna, Police-Station Haidergarh, district Barabanki and hit a child namely Satish Kumar, aged about 6 years. The child died on the spot and FIR was lodged against the driver Sri Ashok Kumar. The claimants-respondents filed the claim petition where an award of Rs. 1,70,000/- was awarded and Rs. 2000/- was awarded for funeral charges. Thus, the total amount was awarded for Rs. 1,72,000/- along with 4% interest from the date of filing of the claim petition till the payment against the Insurance Company.
(3.) WITH this background, learned counsel for the appellant admitted that the truck was duly insured with the Insurance Company w.e.f. 26.10.1998 to 25.10.1999 and accident took place on 3.1.1999. He argued that the driver of the truck was not having the valid license of heavy motor vehicles but he was having the license of light motor vehicles. For this purpose, he relied on Section 2(16) of the Motor Vehicles Act which defines the heavy good vehicles as under- 2(16)- "heavy good vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; He further stated that Section 2(21) defines light motor vehicles- 2(21)- "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed [7,500] kilograms." ;