JUDGMENT :

1. This first appeal from order arises out of the judgment and award dated 13.10.2017 passed by the learned Motor Accident Claims Tribunal/learned Additional District Judge, Maharajganj in Motor Accident Claim Petition No.114 of 2014 (Harilal and others Vs. Ram Shabad Yadav and others).

2. The owner-appellant contesting the liability to pay the compensation.

3. Briefly the case of the claimants before the learned tribunal was that the deceased-Bhanmati died of injuries sustained in an accident which occurred on 02.05.2014 and was caused by the rash and negligent driving of the driver of truck bearing Registration No. UP-52F-0405. The offending vehicle was insured by the respondent Insurance Company. The claimants were dependant on the deceased. The deceased was 44 years of age at the time of the accident.

4. The learned tribunal in the impugned award found for the claimants by holding that the driver of the offending truck drove negligently and was solely responsible for the accident which resulted in the death of the deceased. Learned tribunal found that the insurance policy terms were breached. The insurance company was absolved of its liability on this footing, and the ow