SATISH CHANDRA, J. - (1.) HEARD Sri U. P. S. Kushwaha, learned Counsel for the appellant and Sri Mukesh Sharma, learned Counsel for the respondents.
(2.) THE appeal has been preferred un­der Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 25th February, 2005 passed by the Motor Accident Claims Tribunal, Sultanpur in Claim Petition No. 72 of 2003. The brief facts of the case are that on 13th March, 2003 at about 12.00 noon, the deceased Sheo Bahadur @ Ram Chander was coming on cycle from Faizabad site towards the Sultanpur. As soon as he reached near the village of Jogipur, he met with an accident with Tempo No. UP-42 T 0743 whose driver was driving it rashly and negligently. The tempo hit the deceased Sheo Bahadur @ Ram Chander. The deceased died on the spot. The parents of the deceased has filed the claim petition where the Tribunal has awarded compensation of Rs. 2,40,000 and Rs. 2,000 for funeral charges. Thus, the total compensation was awarded to Rs. 2,42,000 against the Insurance Company has filed the present appeal.
(3.) NEEDLESS to mention that in the instant case, the right has been given to the appellant Insurance Company to re­cover the said compensation from the owner of the vehicle for the reasons that the driver was not holding a valid driving licence.;