K.N.Singh, J. - (1.) On May 12, 1973, at about 11 a.m. Kamlesh Kumar, a youngman of 19 years, was travelling by road in the city of Etawah on a motor cycle. A truck having registration No. UPI 7900 was proceeding ahead of him. Kamlesh Kumar blew the horn with a view to overtake the truck. The driver of the truck gave signal and allowed Kamlesh Kumar to overtake, but, when Kamlesh Kumar was in the process of overtaking, the driver of the truck came to his side and dashed against the motor cycle of Kamlesh Kumar. There was a collision between the two vehicles as a result of which the motor cycle fell down and caught fire and Kamlesh Kumar received serious injuries. He was rushed to the hospital where he succumbed to his injuries.
(2.) Rameshwar Dayal Awasthi, father of the deceased, Kamlesh Kumar, filed a claim petition under Section 110D of the M. V. Act, 1939, claiming a sum of Rs. 80,000 as compensation. Shiv Dayal Varma, the owner of the truck, and United India Fire and General Insurance Co. Ltd., the insurer of the vehicle, both contested the claim petition. They pleaded that the driver of the truck was not guilty of rash and negligent driving of the truck and they were, therefore, not liable to pay any damages. The driver of the truck did not contest the proceedings. The Motor Accidents Claims Tribunal, Etawah, by its award dated September 25, 1975, held that the driver of the truck was guilty of rash and negligent driving of the truck which resulted in the fatal injuries to Kamlesh Kumar, deceased, and, as such, the owner and the insurance company both were liable to pay damages. The Tribunal further held that the claimant was entitled to recover "a sum of Rs. 30,250 as compensation.
(3.) The insurance company has filed an appeal against the award solely on the ground that the amount of compensation awarded to the claimant is excessive. The claimant has also filed a cross-objection to the appeal. The appeal and the cross-objection both were heard together and both were disposed of by a common order.;