Salil Kumar Rai, J. - (1.) Heard the counsel for the parties on the Appeal, Application No. 1458 of 2000 filed by the appellant under Order 41 Rule 27, Code of Civil Procedure, 1908 (hereinafter referred to as, 'C.P.C.') and the cross-objections filed by respondent Nos. 1 and 2.
(2.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'Act, 1988') has been filed by the owner of the vehicle against the judgement and award dated 7.7.2000 passed by the Vth Additional District & Sessions Judge/Motor Accident Claims Tribunal, Kanpur Dehat (hereinafter referred to as, 'Tribunal') in Motor Accident Claim Petition No. 157/97, whereby the Tribunal has awarded a compensation of Rs. 50,000/- to the respondent Nos. 1 and 2 (hereinafter referred to as, 'claimants') and held the owner/appellant liable to pay the same. The claimants are the parents of the deceased.
(3.) Motor Accident Claim Petition No. 157/97 was filed by the claimants seeking a compensation of Rs. 4 lacs for the death of their son due to injuries suffered on 4.6.1997 in an accident caused due to rash and negligent driving of Scooter No. U.P. 78 M-2033 (hereinafter referred to as, 'offending vehicle'). The appellant is the owner of the vehicle which was alleged to be insured with respondent No. 3. It appears from the records of the case that at the relevant time, the appellant was the District Supply Officer. In the petition the driver of the offending vehicle and originally the Insurance Company were not impleaded as defendants and the particulars of the driver of the offending vehicle were also not disclosed in the claim petition. It appears that the Insurance Company-respondent No. 3 was subsequently impleaded as defendant in the claim petition. The claimants are the parents of the deceased and the deceased was 5 years old.;