B.S.VERMA,J. - (1.) HEARD learned counsel for the parties.
(2.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the award dated 11- 5-2009 passed by the Motor Accidents Claims Tribunal/ District Judge Bageshwar (for short the Tribunal) in Motor Accident Claim Petition No. 09 of 2008 Smt. Bhagirathi Tiwari Vs. Govind Giri and another, whereby a compensation of Rs. 9,02,000/- has been awarded to the claimants-respondent no.1 and 2 along with interest @ 8% per annum against the Insurance Company-appellant, as mentioned in the impugned award. Relevant facts, giving rise to the present appeal in brief, are that the claimants-respondent nos. 1 and 2 filed claim petition under Section 166 of the Act before the Tribunal for compensation of Rs. 12,25,000/- alleging therein that the son of the claimants, namely Mahesh Chandra Tiwari alias Sunil, aged about 19 years was travelling by KMOU bus no. UK 02/2305 on 21-5- 1988 and he lost his life in a motor vehicle accident due to rash and negligent driving by its driver. The deceased was running a tea and daily need shop at Bageshwar and was earning Rs. 8000/- per month. The ill-fated vehicle was insured with the appellant-2 insurance company and the same was owned by respondent no. 3- Govind Giri.
(3.) THE claim petition was contested by the owner of the vehicle by filing written statement. It was asserted that the owner was not at fault and that the driver of the vehicle also died in the motor vehicle accident. The compensation, if any, is payable by the insurer of the vehicle.;