Per Hon'ble Rajesh Tandon, J.-Heard Ch. Sudhir Kumar, learned counsel for the appellant and Sri Bindesh Kumar Gupta and Syed Nadeem, learned counsel [or the respondents.

2. This is an appeal against the judgment and award dated 24.01.2004 passed by Motor Accident Claims Tribunal/Addl District Judge F.T.C.-l Rudrapur, Udhamsingh Nagar in M.A.C.T. Case No. 32 of 2003 Choor Singh and others v. Smt. Mamta Seth and others by which the Tribunal has partly allowed the claim petition of the appellant to the extent of Rs. 62.000/- (Sixty Two Thousand) with interest pendent elite and future @ 5% per annum against the claim of Rs. 10,00,000/-. (Ten Lac) against respondent no. 2 National Insurance Company Ltd.

3. Brief facts of the case giving rise to this appeal arc that on 10th December, 2002, Choor Singh (the injured) with his wife Kashmir Kaur was going from Gurdwara, Rampur Road towards Doraha. Bajpur and at about 6:45 p.m. as soon as they proceeded from Gurdwara, a Truck bearing No. USI 5496. which was being driven rashly and negligently dashed against the motorcycle of the injured. The claimant and his wife sustained grievous injuries and ultimately his wife succumbed to the injuries. The report of the said accident was lodged at P.S. Bajpur by the son of the claimant and post-mortem of the wife of the claimant was conducted at Government Hospital, Kashipur.

4. In the claim petition, it was stated that the wife of the deceased was fifty years of age and a healthy woman and used to do the entire house-hold work and was earning a sum of Rs. 5.000/- per month from the Agricultural Dairy Farm. On account of the death of his wife, the entire life of the claimant has become paralyzed. He claimed a compensation of Rs. 10.00,000/- (Rupees Ten Lacs).

5. The Opp. Parties contested the claim petition before the Tribunal by filing their separate written statements.

6. Smt. Mamta Sethi the owner of the Tanker bearing Nap. USI 5496 had denied all the allegations mentioned against her and has stated that at the time of the accident, the driver of the vehicle had valid driving licence and at the time of accident, the vehicle was insured with National Insurance Company.

7. Respondent No.2 National Insurance Company has admitted in his written statement that the vehicle was insured with it, but at the time of the accident neither the driver of the tanker bearing No. USI 5496 had valid driving licence nor had endorsement for driving the tanker. Respondent no. 2 also alleged that the accident had taken place due to the negligent driving by the driver of the Motor Cycle No. URN 5052.

8. Respondent No. 2 National Insurance Company has also alleged that at the time of the accident, the truck had no valid registration, fitness and permit therefore, the Insurance Company is not liable to pay any compensation.

9. The Tribunal on the pleadings of the parties framed the following issued :(1) Whether the accident caused due to rash and negligent driving of truck No. USI 5496 on 10.12.2002 at 6:45 A.M. at Bajpur Rampur Road near Gurudwara causing the death of Smt. Kashmir Kaur ?

(2) Whether the accident was caused due to the contributory negligence of motor cycle rider and the truck driver?

(3) Whether the Driver of the truck had no valid driving licence at the time of accident?

(4) Whether the petition was bad for non-joinder of the owner of motor cycle No. URM-5052 ?

(5) To what amount of compensation are the petitioners entitled?

10. The Claims Tribunal has held that the accident took place due to the rash and negligent driving by the truck drive. The truck driver had valid driving licence. The Claims Tribunal held the age of the deceased as 65 years and awarded a lumpsum compensation of 60,000/-. Besides this 2,000/- was awarded for funeral expenses.

11. Feeling aggrieved, the appellant has come up in the appeal.

12. We have also perused the record of the case. A perusal of the affidavit of Sri Choor Singh has proved that she was doing the business of Agricultu