1. This appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by the owner of vehicle against an award dated 21st December, 2004 in Claim Case No.25/2005 by the Additional Member of the Motor Accident Claims Tribunal, Sabalgarh, District Morena, exonerating the Insurance Company from satisfying the award amount and directed the appellant for payment of compensation to the claimants.

2. The facts of the case, in short, are that on 23rd June, 2003 at about 2:30 p.m., Bhukhan, husband of respondent No.1-claimant was going on foot from village Rijhoni to Kailaras town. In mid-way, near village Torika, the driver (respondent No.6) of the tractor bearing No.MP06/JA-8574, by moving the vehicle rashly and negligently dashed against Bhukhan from his front side and caused to him grave injuries, resulting his death. The FIR of the accident was lodged by Mangilal, resident of village Karori upon which a crime was registered against the driver for commission of offence under section 304A, 279 and 337 of IPC. After investigation, the charge-sheet was filed against the driver of the vehicle involved in accident. The criminal case of the incident was pending. It was not d