JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri B.P. Verma, learned counsel for the appellants, Sri Mohan Srivastava, learned counsel for the respondents-Insurance Company. None appears for original owner for tempo trailer.

2. This appeal, at the behest of the claimants, challenges the judgment and order dated 30.9.2002 passed by Special Judge/Motor Accident Claims Tribunal, Mathura (hereinafter referred to as 'Tribunal') in M.A.C. No. 289 of 2001.

3. The facts in nutshell are that on the fateful day when the accident took place. The tractor trolley owned by respondent insured with the respondent-Insurance Company was responsible for the commission of the accident as it was stationed in the middle of the road, in which the deceased, who was a teacher by profession and was going from Bhartpur By-pass bridge on 25.5.2001 his motorcycle dashed with the said tractor owned by the respondent at about 9:30 p.m.. The claimants alleged that on 25.5.2001 due to the said accident the husband of Santosh claimant No. 1 got injured and he had to be admitted to two hospitals first from 25.5.2001 to 26.5.2001 and later from 26.5.2001 till 4.6.2001 where he scummed to the accidental injuries on 4.6