JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. This appeal is directed against a judgment and order dated 3-04-2008 passed by a learned Single Judge of the High Court of Uttarakhand at Nainital in Appeal From Order No. 589 of 2006.

3. Appellant is the owner of a tractor bearing No. UA06/0363. It hit Paras Gubbar (deceased), son of Shri Harish Chandra Gubbar while he was riding on a cycle. He was aged about 19 years. He sustained an injury on his head and died on the spot.

His legal heirs and representatives filed a claim petition before Motor Accidents Claim Tribunal, Nainital which was registered as M.A.C.P. No.86 of 2001. An award of Rs.1,32,000/- was passed in favour of the said applicants/claimants. In the said proceedings, appellant inter alia raised a plea that the tractor was being driven by one Diwan Singh and the appellant being the owner thereof was sitting by his side whereafter he ran away. Villagers stopped the vehicle and a first information report was lodged against him alleging that he had been driving the same rashly and negligently.

4. It was, furthermore, stated that the vehicle was insured with Oriental Insurance Company Limited under Policy Cover No. 58226 for t