- (1.) Heard Sri Arvind Kumar, learned counsel for the appellant and perused the impugned award as also the papers filed alongwith memo of appeal.
(2.) The insurer of Canter registration number DL-1 M 3785 ( offending vehicle) involved in the accident, has challenged the award dated 19.12.2012 passed by Motor Accident Claims Tribunal /Additional District Judge, Court no. 9, Ghaziabad in MACP No. 554 of 2009, Smt. Nalini Agrawal and others Vs. M/s Laxmi Enterprises and others, whereby compensation of Rs. 18,46,147/- together with simple interest @ 6 % per annum has been awarded to claimant respondents no. 1 to 5, on account of death of their bread earner Kartikey Agrawal in the instant motor accident.
(3.) It appears that on 8.6.2009 at about 8.45 P.M. deceased Kartikey Agrawal alongwith his uncle was going to Pilkhuwa from Ghaziabad driving his car DL-3 CAE 3443 and when he reached in front of the gate of Mother Dairy, N.H.-24, Pilkhua, the offending vehicle came out from Mother Dairy which was being driven rashly and negligently by its driver and dashed with the car of the deceased. In the accident, he suffered fatal injuries. He was taken to Sri Ram Hospital where he was declared dead.;