Anil Kumar, J. - (1.) HEARD Sri. O.P. Srivastava, learned counsel for the appellant and perused the record. Facts, in brief, of the present case are that on 7.8.2012 at about 6.30 p.m. when claimant/Lala Ram after natural call coming back to his home near Mohammadi to J.P. Ganj, a Hero Honda Motorcycle having registration No. U.P.31U/2092 driven by Sri. Vinod Kumar coming from Mohammadi due to rash and negligent driving, dashed him from behind near the field of Vijay Bahadur as a result of which he sustained injuries, admitted in K.L. Memorial Hospital, Sahajahanpur for medical treatment.
(2.) IN order to get compensation in the matter, a claim petition has been filed by Sri. Lala Ram, registered as M.A.C.P. No. 374 of 2012 (Lala Ram v. Vinod Kumar and another) before the Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Lakhimpur Kheri under Section 166 of the Motor Vehicles Act. National Insurance Company Limited impleaded as respondent filed written statement inter alia stating therein although Hero Honda Motorcycle having registration No. U.P.31U/2092 has been insured by the Insurance Company but as per facts on record no accident has took place by the said vehicle.
(3.) LEARNED Tribunal on the basis of material evidence on record, allowed the claim petition awarding a compensation of Rs. 1,60,050/ -with 7% interest from the date of presentation of the claim petition to be paid by the Insurance Company/defendant No. 2 to the claimants, challenged by the National Insurance Company under Section 173 of the Motor Vehicles Act in the present appeal.;