- (1.) Heard Sri T.J.S.Makker, learned counsel for the appellant, Sri R.P.Singh, learned counsel for the claimants-respondents and perused the record.
(2.) The New Indian Assurance Company Ltd. has preferred the present F.A.F.O. against the impugned judgment and award dated 28th May, 2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Barabanki in Claim Petition No. 157 of 2001.
(3.) The brief facts of the case, are that the claimant, Parmeshwar Mishra, when the accident occurred alongwith his wife Kiran Mishra, daughters Abha and Divya, son, Ashutosh Mishra and Km. Manu Mishra were travelling in Ambassador Car No. U.P. 32 A/1246. One Rafiquddin was driving the car carefully. At about 12.30 O' Clock on 2nd June 2002 on Faizabad-Lucknow Road when the car reached near village-Jarela Bazar, Police Station-Patranga, District-Fiazabad, the vehicle D.C.M. Truck No. U.P. 15 F/1020 coming from reverse direction, hit the car. In consequence thereof, the claimant suffered injuries. The D.C.M. Truck was driven rashly and negligently at the time of accident. In the said accident, Rafiqudduin, Driver of the Car suffered grievous injuries and the F.I.R. No. 117/2004, under sections 279,338,304-A & 427 I.P.C. was lodged. The claimants-respondents approached the Tribunal by preferring the Claim Petition and the Tribunal had awarded the compensation to the tune of Rs. 1,96,000/- after considering evidence led by the parties including the injury report and medical expenses etc.;