Hon’ble Sheo Kumar Singh-I, J.—The present First Appeal From Order under Section 173 of Motor Vehicles Act 1988 has been filed against Judgment and Award dated 1.2.2013 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Faizabad in MACP No. 285 of 2011 Ambalika Singh v. United India Insurance Company Limited and others whereby claim petition of the claimants was rejected.

2. The claim petition reveals that one Narendra Singh was driver of the Truck No. GJ6V.V./7759 and after loading the milk powder, he was going from Ahmdabad (Gujarat) to Guwahati and when he reached on the way of Faizabad-Basti near the village Katra Bogh Chand, P.S. Nawabganj, District Faizabad, he met with an accident, on account of which, he succumbed to serious injuries and died on the spot. The appellant preferred claim petition before Motor Accident Claims Tribunal, Faizabad under Section 163-A of Motor Vehicles Act and while deciding issue No. 1 the Tribunal concluded that the deceased died due to murder on the way of Faizabad-Basti while he was carrying milk powder in the aforesaid truck and rejected the claim petition.

3. The recovery memo prepared during the investig