- (1.) Heard learned Counsel for the appellant and Sri R.K. Dubey, learned Counsel for the claimants.
(2.) Through the instant F.A.F.O. under Section 173 of the Motor Vehicle Act, 1988, the appellant has assailed the award dated 7.1.2011 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 155 of 2009, awarding compensation of Rs.3,88,500/- with simple interest @ 6% per annum from the date of filing of the claim petition till realization from the opposite party/appellant in favour of the claimant.
(3.) The claim petition was filed by the respondents/claimants claiming Rs.12,32,800/- as compensation, stating inter alia that on 10.3.2009, at about 5.15 A.M., Shubham Kumar Singh, while driving Maruti Alto Car No. U.P.30H/2400 belonging to Brijesh Kumar Yadav, was on the way to Lucknow from Hardoi and when he reached Dayal Paradise Chauraha, Gomti Nagar, Lucknow, all of a sudden, a bicycle came in front of his car and in order to save him, his car dashed the truck parked on the road. As a consequence whereof, Shubham Kumar Singh succumbed to injuries on the spot. As per the claimants, at the time of accident, deceased was aged about 22 years and was earning Rs.3300/-per month. The appellant/opposite party contested the claim by filing written statement seeking dismissal of the claim petition.;