- (1.) Heard Sri Rahul Sahai, learned counsel for the appellant and perused the impugned award as also the papers filed alongwith memo of appeal.
(2.) An accident took place by motorcycle no. UP 75P 2013 on 2.5.2011 at about 12.10 P.M near Chambal Bridge on Etawah -Bhind road, Police Station Barpura, district Etawah. One Harbansh Lal, who was standing on the footpath as his car had developed some fault, was hit by the aforesaid motorcycle, resulting in his death on account of the injuries sustained in the accident.
(3.) MACP No. 74 of 2011 filed by the dependants of Harbansh Lal, was contested by the owner/driver of the motorcycle as well as the insurance company, the appellant in this appeal by filing their written statements. The appellant insurance company denied the accident with the aforesaid motorcycle which was insured by it. In the alternative, the claim was contested by the appellant on the ground that accident had taken place due to own fault of deceased Harbansh Lal as he was negligent while crossing the road and that there was no fault of the motorcycle rider. It was also stated that age,occupation and income of the deceased, have wrongly been stated in the claim petition only for the purpose of claiming higher compensation.;