Hon’ble Arvind Kumar Tripathi-II, J.—Heard Alka Verma, learned counsel for the appellant and Shri M.C. Shukla, learned counsel for the respondents.

2. The present first appeal from order has been filed by National Insurance Company Ltd, against the award dated 11.5.2004 passed in Claim Petition No. 193 of 2001 by Motor Accident Claims Tribunal/Additional District Judge, Court No. 2 Sultanpur, by which learned claims tribunal has awarded compensation of Rs. 1,85,000/- (one lakh eighty five lakh) as compensation for the injuries received by Smt. Sahidul Nisha in a Motor Accident.

3. The claim petition was filed on the ground that claimant had gone to Ajmersharif alongwith his wife Smt. Nazima Begam on Bus No. UHU 9172. When the bus reached in District-Alwar (Rajsthan) near Hotel Shiva Overseas Dakhim Kejil in Bahroad on 1.10.2000 at about 4.30 a.m. truck No. H.R.38/A-8565 which was being driven rashly and negligently by its driver hit the bus from the rear side and due to which the bus turned turtle and several passengers in the bus including the wife of claimant received serious injuries and died on spot. First Information Report was lodged by owner of the bus Sri Ramraj Verma on 1.10.2000 at about 5.00 a.m. in Police Station-Bahroad, District-Alwar which was registered as Crime No. 460 of 2000.

4. The opposite party Nos. 1, 2, 4 and 5, owner of Truck No. HR 38/A8565 driver of the truck, owner of Bus No. UHU-9172 and the driver of the bus UHU-9172 have not filed their written statement so the claim petition proceeded ex parte against them.

5. Opposite Part No. 3 has mentioned in its written statement that they have no information regarding the accident since registration certificate of the vehicle, insurance and fitness, permit and driving licence of the driver has not been filed. Hence, they are unable to say as to whether Truck No. HR 38/A8565 was insured with them or not, whenever the papers will be filed, they may file additional written statement. Since, the matter is of collision of two vehicles and the proper and necessary parties have not been impleaded, the claim petition is bad for non-joinder of parties. It was also mentioned in the written statement that they are entitled to get benefit of Section 64 BB Insurance Act, 1939 and Sections 149 and 170 Motor Vehicle Act.

6. Opposite party No. 6 has filed its written statement alleging that the bus No. UHU 9172 was not insured by their company, the insurance papers are forged and registration certificate is also forged.

7. On the basis of pleading of the parties following issues were framed by the Motor Claims Tribunal:

(i) Whether Smt. Nazima Begum received injuries and she died on spot due to rash and negligent driving of vehicle No. HR 38/8565 on 1.10.2000 at about 4.30 a.m. in place Bahroad, P.S. Bahroad, District-Alwar (Rajsthan) ? If so its effect?

(ii) Whether the vehicle No. HR38/8565 was insured with National Insurance Company Ltd.? If so its effect ?

(iii) Whether, the vehicle in question was not being driven as per Insurance Policy ? If so its effect?

(iv) Whether there was contributory negligence on the part of the vehicle UHU 9172 ? If, so its effect?

(v) To what compensation if any claimant is entitled to ? If so its effect and from whom ?

8. Claimant’s has examined Mohd. Anees as P.W.1 Sri Mahmood Khan as P.W.2 and opposite party has examined Sri A.K. Nirman as D.W. No. 1. Apart from that several papers have been filed which shall be discussed later on as and when necessary.

9. Learned Claims Tribunal after going through the record and hearing the arguments held that the claimant is entitled to Rs. 1,85,000/-(Rupees one lakh eighty five thousand) from National Insurance Company Ltd. alongwith 8% simple interest per annum from the date of presentation of the claim petition.

10. Feeling aggrieved this claim petition has been filed by National Insurance Company.

11. It was argued that the offending vehicle was being driven in violation of Motor Vehicle