- (1.) Present appeal has been filed by the appellant-Insurance Company under Section 173 of Motor Vehicle Act, 1988 against the impugned judgment and award dated 28.03.2012, passed by the Motor Accident Claim Tribunal, Sitapur in Claim Petition No.440 of 2010.
(2.) The brief facts of the case are that on 15.12.2010, at about 6.00 p.m., the deceased Raj Narain Tiwari along with his son Ankur Tiwar was going on his Motorcycle No. U.P. 34K-7134 from Sitapur to his residence. When he reached Navin Chowk, from the opposite side, a truck was coming, whose driver was driving the truck negligently and carelessly. The said truck hits the deceased, who died on the spot. The truck run away, but the son of the deceased Ankur Tiwari has noted down the number of the truck. Immediately, necessary F.I.R. was lodged. The claimants-respondents have filed a claim petition, where the Tribunal after examining the entire material has awarded a total compensation of Rs.10,22,000/-. Being aggrieved, the appellant i.e. Reliance General Insurance Company Ltd. has filed the present appeal.
(3.) With this background, Sri Dinesh Kumar, learned counsel for the appellant-Insurance Company submits that the award is in excess. He has not disputed the other points.;