1. This First Appeal From Order is moved against the judgment and award dated 04.02.2010 and 11.02.2010 respectively of Motor Accident Claims Tribunal/Additional District Judge, Court no. 1, District Faizabad in Claim Petition No. 66 of 2007 (Nisha Verma Vs. ICICI Lombard and Others) by the owners of the offending vehicle. Another First Appeal From Order No. 737 of 2010 is moved by Smt. Nisha Verma widow of Anurudh Verma 'deceased' in the Motor Accident, referred to herein-above, for enhancement of the compensation granted by learned court below vide the same judgment and award dated 04.02.2010 and 11.02.2010 impugned in FAFO no. 286 of 2010, aforesaid.

2. Since the facts, circumstances and evidences involved in both the appeals are arisen from the same judgment, therefore, the respective arguments in both the appeals are heard.

3. The offending motor vehicle the Tractor No. UP-42 E/7710) at the time of accident was alleged to have been insured by the insurer respondent no. 1 in the appeal, the ICICI, Lombard. Vide impugned judgment and award, learned Motor Accident Claims Tribunal, Faizabad, held responsible to the said motor vehicle for causing accident on 27.02.2007 with a motorcycle driven by one Anuruddh Kumar Verma S/o Jairam Verma who suffered severe injuries, battled for life in hospital and ultimately died on 17.03.2007. The Motor Accident Claims Tribunal awarded a compensation to the tune of Rs. 3,75,107/- to the claimant-respondents with direction to the owners/appellants to pay within one month from the date of judgment with interest at the rate of 6% per annum, chargeable from the date of Claim Petition till the actual payment. The Motor Accident Claims Tribunal exonerated the Insurer ICICI, Lombard holding the insurance covernote produced by the appellant owner forged and as such non-existence of any contract of insurance at the relevant time of accident.

4. Aggrieved there from, the owner preferred the appeal on the grounds set forth in the memo of appeal inter alia viz. their motor vehicle was insured by the Insurer the 'ICICI Lombard' of which original covernote bearing No. MR 4792881 they had placed before the learned Tribunal. The genuineness of the covernote was not specifically denied by the respondent Insurance Company, 'ICICI Lombard' in their pleading (written statement of defence). Without specific pleading as to the insurance covernote being fake or forged, issue no. 2 in this regard framed and burden of proof of proving genuineness of the covernote produced in original by the appellants was laid on them. Evidence beyond and without pleading of the respondent was permitted to be adduced and an affidavit of manager legal ICICI Lombard setting story of loss of several blank covernots including the one in question from the possession of Agent was set. The said story was taken into consideration while deciding issue no. 2 which was as to whether the offending motor vehicle was insured by the respondent-insurance company and was effective at the time of accident. As such, the tribunal reached at wrong conclusion of the insurance covernote being forged and thus erroneously exonerated the 'ICICI Lombard' the insurer from demnifying the legal representatives of deceased victim of the accident.

5. Heard Sri Sanjay Tripathi assisted by Sri Rajesh Kumar Pandey, learned counsel for the appellants and Sri Anil Kumar Srivastava, learned counsel for respondent no. 1- the 'ICICI Lombard'.

6. Before going through respective submissions, it would be relevant to state briefly the facts and circumstances before the learned Motor Accident Claims Tribunal, Faizabad. The issues, evidence and the finding thereon given by it. The Claim Petition for compensation was filed before the learned Motor Accident Claims Tribunal by the widow, daughter and parents of the deceased Anurudh Kumar Varma. The deceased while driving his motorcycle met accident with the offending motor vehicle tractor on 27.02.2007 at about 7:00 p.m. at