DURGA PD SINGH Vs. BHOLA SINGH

JUDGEMENT

(1.) Heard Sri Mayankar Singh, learned counsel for the appellants and Sri Sanjay Tripathi for National Insurance Co. Ltd., respondent No.3.

(2.) This First Appeal from Order has been filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and order dated 19-8-2006 passed by VI Additional District Judge/M.A.C.T., Gonda in Claim Petition No.15 of 1993.

(3.) The matrix of the case is that the deceased-Anand Singh, who was aged about 20 Years at the time of death, was going to his field on 25-12-1992 around 4.00 p.m. When he reached near village Koilee Jungle, district Gonda, a Mahindra tractor No. UP-43/ 8328 coming from the back side hit the deceased due to reckless driving which resulted the death of the deceased. The tractor was insured with the respondent No. 3 w.e.f. 4-3-1992 till 3-3-1993. The accident occurred on 25-12-1992. The driver Ishwar Nath s/o Sri Ram Pher was having valid driving license which was valid till 7-1-1999. An FIR was also registered against the driver.