- (1.) Present appeal has been filed by the appellant-claimant under Section 173 of Motor Vehicles Act, 1988, against the judgment and order dated 25.11.2008, passed by the Motor Accident Claims Tribunal, Sultanpur, in Claim Petition No. 159/08. The brief facts of the case are that on 7.2.2008, at about 2.00 p.m., the deceased Sri Paltu Prasad was going on his motorcycle, when he reached near Anar Kali School, from the opposite direction a Bus bearing No. U.P. 042T-5355, which was under the control of the Roadways, Sultanpur Depot, was coming. Its driver was driving the bus negligently and carelessly and dashed the motorcycle, which resulted the death of the deceased. Necessary F.I.R. was lodged. The claimants-respondents have filed a claim petition, where the Tribunal has awarded a total compensation of Rs. 12,18,378 against the appellant-insurance company, as the bus was insured by the appellant-insurance company. Being aggrieved, the appellant-insurance company has filed the present appeal.
(2.) With this background, Sri Anil Kumar Srivastava, learned counsel for the appellant-insurance company submits that the accident happened due to the contributory negligence of both the vehicles. The bus was plying without permit. So, it is the violation of the terms and condition of the insurance policy. He also submits that the award is on higher side.
(3.) It is also a submission of the learned counsel for the appellant-insurance company that the interest @ 6% per annum has been given from the date of the accident.;