JUDGMENT

Sharad Kumar Sharma, J. - The appellant, to the present Appeal from Order, under Section 173 of the Motor Vehicles Act, is a registered owner of the vehicle, which was a Mini Truck, bearing registration number as U.P.-04A-0561 Tata- 407, which was said to be involved in the accident, which chanced on 23.11.2005, on Bareilly Road, near Rithora Petrol Pump, resulting into the death of the deceased Vishwanath Mandal.

2. The Claimants have filed a Motor Accident Claim Petition No. 184 of 2006, Smt. Suwasini Mandal and others Vs. Vijay Kumar Das, on 27.07.2006, before the Motor Accident Claim Tribunal, District Udham Singh Nagar, wherein, the learned Motor Accident Claim Tribunal, had partly allowed the claim and, thereafter, had rendered an award on 21.02.2008 of Rs. 59,500/-, which has been directed to made payable by the present appellant, along with the interest @ 7% on it, on the ground that the vehicle was being plied, contrary to the terms of the licence, and the registration granted in favour of the vehicle, in question, besides also that the driver was not having a valid driving licence, and the vehicle was not licensed on the date when the accident chanced, and the foll