NATIONAL INSURANCE CO. LTD Vs. TRIBHUWAN MAURYA

JUDGEMENT

(1.) The present appeal has been preferred under Section 173 of Motor Vehicles Act, 1988 against the award dated 12.12.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Lucknow in Motor Accident Claim Petition No. 194 of 2006, Tribhuwan Maurya and another v. Rukmendra Pratap Singh and others. The appeal has been filed mainly on the ground that the impugned Judgment and order is illegal and is against the factual evidence adduced. It is alleged in the grounds of appeal that Tractor No. U.P. 34F/6254 can be used by the respondents No. 3 and 4 only for the agricultural purposes.

(2.) It is also alleged that the entire negligence is on the part of the Driver of Tractor No. U.P. 34F/6254.

(3.) I have heard learned counsel for the appellants and the learned counsel for respondents No. 1, 2 and 3.