Rakesh Tiwari J. - (1.) Heard counsel for the parties and perused the record.
(2.) The award dated 5.12.2012 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 13, Meerut in MACP No. 271 of 2012, Virendra Kumar Sharma and another v. Shashank and another , is under challenge in the present First Appeal From Order filed by the insurance company.
(3.) By the impugned award, the Tribunal has awarded compensation amounting to Rs. 8,51,000/- together with simple interest @ 7 % per annum, to the claimants respondents, on account of death of their 19 years' old son Ashwani Sharma alias Ashu, as a result of injuries sustained by him in the instant motor accident dated 10.12.2011. It appears that on 10.12.2011 when the deceased was going to his house from market, rider of the offending motorcycle no. UP 15AA 0644 insured by the appellant driving it in a rash and negligent manner, hit the deceased from back, causing fatal injuries on his head and other parts of the body. He was immediately rushed to I.T.S. Hospital, from where he was initially referred to Yashoda Hospital, Ghaziabad and thereafter considering his serious condition he was admitted in Safdarjang Hospital, Delhi where he succumbed to the injuries on 13.12. 2011. Sri V.C. Dixit, learned counsel for the appellant has assailed the impugned award on the following grounds: 1.that the claimants have not proved salary of the deceased, so they are not entitled to the amount of compensation awarded; 2.that excess quantum of compensation has been assessed by arbitrarily adding 50 % wages towards future prospects of the deceased which was not even claimed and hence the award is illegal; and 3.that the offending vehicle insured by the appellant was not involved in the accident and has been falsely implicated as an after though for the reason FIR in respect of the accident was lodged after about 11 days. ;