( 1 ) LEAVE granted.

( 2 ) ONE Reshma Devi, aged about 40 years, was going to take bath at Rajghat Ganga with her son, Respondent No. 3 herein. Driver of an Eicher Tractor bearing Registration No. U. P. 30/8423 was driving the said vehicle rashly and negligently hit her as a result whereof, she fell down. She died on 01. 05. 1995. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act) was filed by Respondent No. 2 herein. The said tractor was insured with Respondent No. 1, the Insurance Company.

( 3 ) THE Motor Accidents Claims Tribunal by an award dated 14. 10. 2004 determined the amount of compensation payable to the said respondent at Rs. 1,06,000/ -. Out of the said amount, a sum of Rs. 75,000/- was to be paid to Respondent No. 2 (husband of the deceased) and Rs. 31,000/- to her son, Respondent No. 3 herein. Respondent No. 1, however, preferred an appeal thereagainst, which was dismissed by an order dated 24. 01. 2005, stating: we, therefore, while dismissing the aforesaid appeal give liberty to the appellant to initiate appropriate proceedings against the owner and driver of the vehicle for realization of the amount, which i