By the Court.—Heard Shri Rajendra Jaiswal learned counsel for the appellant and Shri Santosh Kumar Kanaujia learned counsel for the respondent.

2. Inspite of service of notice, none appeared for the Insurance Company. Accordingly, we proceed to decide the present appeal after hearing the learned counsel for the parties.

3. This is an appeal under Section 173 of the Motor Vehicle Act against the impugned award dated 6.10.2009 passed by the Motor Accident Claims Tribunal/District Judge, Lakhimpur Kheri in Motor Accident Claim case No. 221 of 2007.

4. On 10.10.2007 at about 8.00 am, a Tractor trolley bearing No. UP 31 E-1267 loaded with sand, hit the cycle of Deceased Kuldeep aged about 12 years. In consequence thereof, Kuldeep succumbed to injuries sustained by him. The injury was caused because of overturn of trolley. The claimant approached the Tribunal for compensation. Tribunal had allowed the claim petition and shifted the liability for payment of compensation on the owner of the tractor.

5. The Tribunal had framed four issues as under :

(i) Whether on 10.10.2007 at about 8.00 am in the morning near Marora School, Police Station Phoolvaher, District Kheri Tractor No. UP