JUDGMENT

Alok Mathur, J.

Heard Sri R. C. Sharma, learned counsel for the appellant as well as learned counsel for the respondents.

2. This is first appeal preferred against the judgement and order dated 23.7.2001 whereby the claim preferred by the respondents has been allowed.

3. The brief conspectus of facts is that on 13.8.1999 at 3.30 p.m. the deceased Mohd. Akhtar Khan along with Mr. Rafatullah was proceeding through Allahabad - Faizabad Road by scooter having registration No.U.P. D.N.K. 8007 near Payagipur Crossing at P.S. Kotwali Nagar when one jeep having registration No.U.P. 44A/5939 which was being rashly and negligently driven hit the scooter from the front. The result of the said accident was that the deceased and Mr. Rafatullah both fell down and were rushed to the hospital. Mr. Mohd. Akhtar Khan was seriously injured while Mr. Rafatullah was also seriously injured where his right hand was fractured and leg was also injured. Injured Akhtar Khan was referred to Lucknow on 14.8.1999 and was admitted in Gandhi Memorial and Associated Hospitals, K.G.M.U., Lucknow where he succumbed to his injuries on 18.8.1999.

4. The deceased was 32 years of age at the time of the incident and was survived by his wife, one son and one daughter, who were dependent upon him. It is submitted that he worked at a motor spare parts shop. The jeep was insured by National Insurance Corporation Ltd., branch Sultanpur and the duration of the insurance was from 30.6.1999 to 29.6.2000. The jeep was being driven by one Mahendra Narain Gupta, who on the date of the accident had valid license from 6.12.1996 to 31.7.2007. With regard to the same incident a first information report was also lodged by one Abdul Jabbar Khan on 21.8.1999.

5. The motor accidents Claims Tribunal had formulated five points for determination and returned a finding that the deceased and Sri Rafatullah were involved in the incident on 13.8.199 at 3.30 p.m. on Allahabad Faizabad National Highway when the jeep No. UP 44A/5939 hit the scooter driven by the deceased bearing registration No. DNK 8007 where the deceased received very serious injuries and succumbed to the same on 18.8.1999.

6. Statement of Abdul Jabbar Khan, father of the deceased, was recorded as P.W.-1, who stated that age of the deceased at the time of the incident was 32 years. He has further stated that the on receiving information about the accident he reached the site and Mohd. Akhtar died on 18.8.1999 after having been referred to Gandhi Memorial and Associated Hospitals, Lucknow. Autopsy report was also submitted as evidence including the injuries caused to the deceased in the said incident. The death book relating to the treatment given to the deceased by the Gandhi Memorial and Associated Hospitals, Lucknow was also produced in evidence, which proved that the death of the deceased was caused due to the accident. It was also recorded that with regard to the same incident an F.I.R. bearing Case Crime No.702/1999 under Sections 279 , 338, 304 A IPC was lodged in Kotwali Nagar, which also proved the said incident.

7. The Appellant has urged two grounds assailing the order of the Tribunal. The first is that Mr. Rafatullah in his deposition had stated that someone had put a note in the pocket with regard to the registration number of the jeep and only on the basis of the said note the jeep has been identified. It has been submitted that there was no independent and conclusive proof that the said accident was caused by the said jeep No.UP44A 5939 and, hence, in absence of any cog