( 1 ) HEARD counsel for the parties and perused the record.

( 2 ) THIS writ petition has been filed against the judgment and award dated 8/5/2001 passed by the Motor Accidents claims Tribunal/seventh Addl District judge, Allahabad in Prem Kanta Paul v. R. C. Kushwaha, M. A. C. P No. 290 of 2000.

( 3 ) THE petitioner is insurance company incorporated under the Indian Companies act and is engaged in the business of insurance, as a nationalised company being one of the group companies of General insurance Corporation of India and is a state within the meaning of Article 12 of the Constitution.

( 4 ) A claim petition was filed by Prem kanta Paul, respondent No. 2, resident of ishar Basti, Naini, Allahabad before the motor Accidents Claims Tribunal, respondent no. 1 claiming compensation from the petitioner in respect of death of her husband who died in motor accident on 30. 12. 1999 The deceased Yohan B Paul, husband of respondent No. 2, was employed as class IV employee in the Ordnance corps Workshop He was drawing a sum of rs 5,075 per month at the time of death he died due to rash and negligent driving oi the driver of the truck owned by res pondent No. 3 She clarm