HARSH KUMAR,J. - (1.) The present first appeal from order has been filed against impugned award dated 2.8.2017 passed by Motor Accident Claims Tribunal, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No.536 of 2016 (Smt. Ansuiya Devi and others Vs. M/s Best Kargo Movers and others) dismissing the claim petition of claimants-appellants.
(2.) The brief facts relating to appeal are that appellants filed Claim Petition No.536 of 2016 with the averments that Sri Shiv Singh Yadav, the husband of claimant-appellant no.1 and father of claimant-appellant nos.2 & 3 aged about 50 years a retired army man was working as Security Guard and getting Rs.10,000/- per month as salary apart from Rs.15,000/- per month as pension and when he was returning after attending a function in the night of 26.4.2016 by his motorcycle at about 12 hours in night near Zalima Hospital within P.S. Ghatampur, District Kanpur Nagar he was hit by Truck No.RJ-14-GG-5633 which was being driven rashly and negligently and dashed and crushed him to death from behind. It has also been contended in petition that offending vehicle in question belonged to respondent no.1, was being driven by respondent no.3 and at the time of accident was duly insured by New India Assurance Company Ltd., respondent no.2 and its driver was holding a valid driving license to drive the vehicle.
(3.) Upon parties' pleadings the Tribunal framed five issues viz. issue no.(1) whether accident did take place due to rash and negligent driving of driver of truck in question, (2) whether accident was result of contributory negligence of both vehicles, (3) whether truck was duly insured at the time of accident, (4) whether truck was being driven by duly licensed driver and its paper were valid and effective and (5) to what amount of compensation, if any, are the petitioners entitled and from whom.;