NAGAR PALIKA Vs. SMT. CHANDRAWATI

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) By way of this appeal Nagar Palika, Mainpuri, the owner of the vehicle involved in the accident, has challenged the judgment and award dated 5.9.1988 passed by the IIIrd Additional District Judge, Mainpuri/Motor Accident Claim Tribunal (hereinafter referred to as 'Tribunal') in claim petition No. 194 of 1986 wherein the Tribunal awarded a sum of Rs.1,75,000.00. to the heirs of deceased claimants.

(3.) Brief facts which are germane for the purpose of this Court are that accident occurred is not in dispute. The date of accident is not in dispute. The involvement of vehicle though is disputed but in appeal the same is given a go by as the main contention relates to negligence and non joinder of Insurance Company. For that view, skeletal facts are that on the fateful day namely on 17.5.1986 at about 15 p.m. when the deceased was plying his cycle, a tractor-trolley bearing No. U.S.K. 1759 driven by the driver employed by the Nagar Palika, Mainpuri caused the accident. The Nagar Palika took the stand that the deceased slipped on the road as there was water sprinkled and that is how the wheel of the tractor crushed him. The driver of the said vehicle brought the deceased to the hospital where the other relatives of the deceased reached.