Heard Ms. Maria Kirwani, learned counsel holding brief of Mr.C.B.Pandey, learned counsel for the appellant and Mr. Shakeel Ahmad Ansari, learned counsel for the respondent-claimant and perused the record.

2. The appeal has been filed under section 173 of Motor Vehicles Act, 1988 against the judgment and award dated 31.1.2004 passed by the learned Motor Accidents Claims Tribunal, Lucknow in Claim Petition No. 15 of 2001 whereby a sum of Rs. 1,50,000/- has been awarded as compensation to the respondent-claimant against the appellant.

3. Learned counsel for the appellant submits that the appellants are the owner of the bus bearing registration No. UHN 1942. The alleged accident had taken place on 15.6.2001. At the time of accident the aforesaid vehicle was off-road as it met with an accident on 15.4.2001. The bus had collided with a tree on 15.4.2001 due to break failure and was in the workshop.

4. It is further submitted that in the F.I.R. incomplete details of vehicle were mentioned and complete registration number was not given. It is also submitted that the alleged vehicle was not seized from the place of occurrence of the accident, as such the involvement of t