Hon’ble Surya Prakash Kesarwani, J.—Heard Sri S.B.L. Gour, learned counsel for the appellant.

2. This appeal has been filed challenging the award dated 23.11.2015 in M.A.C. No. 128 of 2014 passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No. 4, Kushinagar at Padrauna awarding a sum of Rs. 4,18,000 to the legal representative of the deceased Mala Devi who died in an accident on 13.1.2014 at about 2.30 a.m. near Government Godown village Bhatawalia, District Kushinagar caused by Mahendra Quanto Jeep bearing registration No. U.P. 57/Q-9600.

3. Submission of learned counsel for the appellant is that the claimant respondent being the husband of the deceased Smt. Mala Devi and remarried after 8 months, is not dependent and, therefore, the compensation could not have been awarded under Section 166 of the Motor Vehicles Act 1988. He further submits that the evidence of P.W. 2 was not reliable.

4. I have carefully considered the submission of the learned counsel for the appellant.

5. So far as the first submission of learned counsel for the appellant is concerned, I find that neither any such/objection was raised before the Courts below nor it is part of