BABU RAM Vs. PREM PAL AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as Mr. O.P. Srivstava, learned counsel for respondent No. 6-National Insurance Company. No one is present for respondents-claimants, in spite of sufficient service.

(2.) The instant First Appeal From Order arises out of the judgment and award dated 9th Sept., 2009 passed by the Motor Accident Claim Tribunal/Special Judge E.C. Act, Hardoi in Motor Accident Claim Petition No. 136 of 2003, Prem Pal and others Vs. Babu Ram and others whereby the amount of Rs. 1,59,500.00 (rupees one lac fifty nine thousand and five hundred) has been awarded as compensation to the claimants along with 6% simple interest per annum.

(3.) Learned counsel for the appellant submits that learned tribunal has grossly erred in holding the liability to pay compensation on appellant as the vehicle involved in the accident i.e. tractor No. U.P. 30D 5991 was duly insured at the time of occurrence of the accident with respondent No. 6 and the liability, if any, to pay the compensation was on respondent No. 6-Insurance Company and it cannot be fasten on the appellant who was said to be owner of the vehicle.