JUDGMENT :

Vivek Agarwal,J.

1. Heard Sri Rakesh Bahadur, learned counsel for appellant-insurance company, Sri Yashwant Pratap Singh, learned counsel for claimant-respondent no. 1 and Sri Awadhesh Kumar Malviya, learned counsel for respondent no. 6.

2. This appeal has been filed by the insurance company being aggrieved of award dated 05.03.2016 passed by learned Motor Accident Claims Tribunal/District Judge, Deoria in MACP No. 374 of 2011, on the ground that driver of the offending vehicle was not impleaded as a party and further that aspect of contributory negligence has not been considered by the learned claims tribunal, inasmuch as in the light of the inspection report, available on record, there was dent on the right hand side rear bumper of the vehicle bearing registration no. UP 61 T 0065 and therefore, motorcycle, on which deceased was travelling, had hit the truck from behind and on such premise, it is submitted that finding of contributory negligence should have been recorded by the learned claims tribunal.

3. Placing reliance on the provisions contained in Rule 204(7) of the U.P. Motor Vehicle Rules, 1998, it is submitted that Rules provide for impleadment of the driver of the