- (1.) HEARD Sri J.B. Singh, learned counsel for the appellant -Uttar Pradesh State Road Transport Corporation (hereinafter referred to as 'the UPSRTC') and Sri Shakeel Ahmad Ansari, learned counsel for all the respondents -claimants.
(2.) THIS first appeal from order under Section 173 of the Motor Vehicle Act, 1988 has been preferred against the judgment and award dated 11.11.2009 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.4, Faizabad (hereinafter referred to as 'the Tribunal') in Claim Petition No.112 of 2008 whereby a sum of Rs.4,03,440/ - has been awarded to the opposite parties claimant as compensation with pendente lite and future interest at the rate of 7 1/2% p.a.
(3.) IN this case, neither the appellant has challenged the quantum of compensation nor the opposite parties filed any cross objection for enhancing of the awarded amount. The only question which has been challenged in this appeal on behalf of appellant is that the finding recorded on Issue No.1 is contrary to the evidence on record as no accident has been occurred with the offending vehicle on the given date, time and place of the claim petition.;