By the Court.—The present Appeal has been filed against the Judgment and Order/Award dated 27.5.2009 passed by the Motor Accidents Claims Tribunal, Kanpur Nagar in Motor Accident Claim Petition No. 403 of 2008 filed by the claimant -respondent Nos. 1 and 2 in respect of the accident which took place on 20.2.2008 resulting in death of Kripal Singh.

2. It is, inter alia, stated in the Claim Petition that the said Kripal Singh accompanied by his brother, namely, Vijai Singh Bhadoria ( claimant -respondent No. 2) was going from Kanpur to Unnao on the Vehicle Scorpio bearing Registration No. U.P. 78 B.J.3767 on 20.2.2008; and that at about 7 O’ Clock in the evening, a Vehicle Bolero bearing Registration No. U.P. 71 E 7333 coming from the direction of Lucknow and being driven by its Driver rashly and negligently, hit the aforesaid Scorpio resulting in serious injuries to the aforesaid Kripal Singh alias Pahlu Singh, Ram Charan Singh and others; and that the said Kripal Singh died at about 11.25 O’ Clock in the night on the said date during the treatment at Madhuraj Singh Nursing Home; and that the accident took place solely on account of negligent and rash driving by the Driver of the aforesaid Vehicle U.P.71E-7333 ( hereinafter referred to as “the vehicle in question”).

3. The respondent Nos. 3 and 4 herein, stated to be the owner of the vehicle in question, filed their Written Statement denying negligence on the part of the Driver of the vehicle in question. It was, inter alia, stated that the vehicle in question was being driven by the respondent No. 3 (Radhey Lal) himself for which the respondent No. 3 (Radhey Lal) was having valid driving licence ; and that the vehicle in question was insured with the Appellant / Insurance Company for the period from 12.8.2007 to 11.8.2008. It was, inter alia, further stated in the Written Statement that the accident in fact took place on account of negligence on the part of the Driver driving Scorpio bearing Registration No. U.P. 78 B.J.3767.

4. Written Statement was also filed on behalf of the respondent No. 6 herein, insurer of the aforesaid Vehicle Scorpio bearing Registration No. U.P. 78BJ3767. It was, inter alia, stated in the said Written Statement that the accident took place on account of negligence on the part of the Driver of the vehicle in question.

5. Written Statement was also filed on behalf of the Appellant-Insurance Company, inter alia, admitting that the vehicle in question (namely, Bolero bearing Registration No. U.P. 71E7333) was insured with the Appellant/ Insurance Company. In the said Written Statement, it was denied that the said Kripal Singh sustained any injury on 20.2.2008 resulting in his death. It was further stated in the said Written Statement that the accident, if any, took place on account of negligence on the part of the Driver of the Vehicle Scorpio bearing Registration No. U.P. 78 B.J.3767. It was further stated in the said Written Statement that the driver of the vehicle in question was not having valid and effective driving licence at the time of the accident; and that the said vehicle was being plied in breach of the terms and conditions of the policy, as such, the Appellant/Insurance Company was not liable to pay compensation. The allegation regarding contributory negligence on the part of the Driver of the aforesaid Vehicle Scorpio bearing Registration No. U.P. 78BJ 3767, was also made in the said Written Statement.

6. Written Statement was also filed on behalf of the respondent No. 5 herein ( Dharampal Singh Bhadauria), owner of the Vehicle Scorpio bearing Registration No. U.P. 78 B.J.3767. It was stated in the said Written Statement that the accident took place on account of the sole negligence on the part of the Driver of the vehicle in question.

7. The Tribunal framed five issues in the case.

8. Issue No. 1 was regarding the factum of the accident having taken place on 20.2.2008 on account of rash and negligent driving of the Driver of the ve