JUDGMENT :

1. Heard Sri Ramesh Singh, learned counsel for the insurance company; Shri Anurag Shukla appearing for Shri Devi Shanker Shukla, learned counsel for the claimants; and perused the record and award.

2. Appeal No.2127 of 2021, at the behest of the claimant, challenges the judgment and award dated 15.7.2002 passed by Motor Accident Claims Tribunal/Special Judge, E.C. Act, Allahabad (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.160 of 2001 awarding a sum of Rs.65,000/-with interest at the rate of 8.5% as compensation. The appellant has questioned the compensation granted.

3. Appeal No.1741 of 2002 is by Insurance company challenging the award on several grounds; (i) driver of vehicle involved not joined as party; (ii) licence of driver of vehicle insured was fake as first licence was found fake but there were two licences the tribunal negatived this objection; and (iii) the case is of Contributory negligence and issue of negligence has been wrongly decided.

4. While issuing notice, this Court had called for the record of the tribunal. Section 173 in The Motor Vehicles Act, 1988 reads is as follows:

173. Appeals.-

(1) Subject to the provisions of sub-s