1. Heard the learned counsel for the parties under Order 41 rule 11 C.P.C. and this appeal is being disposed of at the admission stage itself.

2. The owner is O.P. No. 2 who is appellant in this appeal has filed this appeal against the Judgment and Award dated 21.9.2004 passed by Sri Prabhat Kumar Jha, the learned 6th Additional District Judge-cum-Motor Accident Claim Tribunal, Saran at Chapra, in Claim Case No. 19/03 directing the appellant to pay a sum of Rs. 1,87,000/- with interest at the rate of 6% per annum.

3. According to the claimants on 18.1.2003 Awadhesh Rai was driving the jeep bearing Registration No. UP 40A-2077 rashly and negligently and dashed the wife of Kishun Rai as a result of which his wife died. On the basis of fardbeyan of Kishun Rai criminal case was instituted. After investigation charge sheet was submitted against the driver-cum-owner, Awadhesh Rai.

4. The husband and the minor children filed Claim Case No. 19/2003 claiming Rs. 8,61,072/- as compensation.

5. This appellant was also O.P. No. 2 in the court below. He appeared and filed a written statement alleging therein that the vehicle was insured with United India Assurance Company, respondent n