Sunil Ambwani and Bharat Bhushan, JJ. - (1.) This First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 arises out of an award of compensation given by the Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Kannauj dated 29.9.2012 in Motor Accident Claims Petition No. 82 of 2010, Smt. Alka and others v. National Insurance Co. Ltd and others compensating the widow, minor children and mother of the deceased Sushil Dixit, who died in the accident while driving Indica Car No. U.P. 74C/4250 and returning from Delhi Metro Hospital carrying a dead body of the maternal uncle to Gursahaiganj, District Kannauj. The dead body was carried in another vehicle. The illfated Indica Car met " with an accident with Truck No. HR 38E/1261. The Claim Petition was filed for an award of Rs. 45 lacs alleging, that the deceased was 35 years' old, " Ayurvedic Doctor and was earning Rs. 40,000/- per month.
(2.) We have heard Shri Saral Srivastava, learned counsel appearing for the insurance company.
(3.) The Tribunal has, after considering the documentary and oral evidence, found that the accident was caused on account of rash and negligent driving of the truck and in which Shri Sushil Dixit-the husband of claimant no.1, and Shri Shailendra Dixit suffered injuries and died on the spot.;