JUDGMENT :

1. Heard counsel for the appellant and Shri Rajesh Trivedi representing the claimants-opposite party nos. 1 to 6.

2. The present First Appeal From Order has been filed by the defendant under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as, ‘Act’) against the award dated 25.2.2013 passed by the Motor Accident Claims Tribunal, Lucknow in Motor Accident Claim Petition No. 431 of 2012 Ram Kali vs. Executive Engineer (Aasthai Yantrik Khand (Temporary Mechanical Division), Lok Nirman Vibhag, District Agra).

3. The facts of the case are that respondent/opposite party nos. 1 to 6 filed a Claim Petition under Section 163-A of the Act alleging that Ram Asrey died in an accident caused due to rash and negligent driving of the vehicle (Registration No. U.P. 80A 9846) by its driver. The defendant-appellant is the owner of the offending vehicle. The driver of the vehicle was not impleaded as a defendant in the claim petition. A First Information Report regarding the aforesaid incident was also filed and Case Crime No.124/2012 under Section 279/304-A I.P.C. was registered against the driver of the vehicle.

4. The respondent/opposite party no. 1 is the wife of the de