- (1.) HEARD learned counsel for the appellant and learned counsel for the claimant - respondent no. 1.
(2.) THIS First Appeal From Order under section 173 of the Motor Vehicle Act has been preferred by the appellant - Insurance Company against the impugned judgement and award dated 25.4.2012 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 2, Firozabad, in M.A.C.T. Case No. 51 of 2009, Sunhari Lal Vs. Avinash Chandra Taneja and other.
(3.) THE controversy involved in the present appeal relates to an accident, which occurred on 26.12.2008 at about 9.45 P.M. when the deceased, who was doing the duty of watchman, was going on footpath of Shikohabad Jasrana Road near Sabzi Mandi towards Etah a Truck bearing Registration No. UP 078 BT/ 1849 came from the back side and hit the deceased Pramod due to which he suffered serious injuries and died on the spot. The claimants filed aforementioned claim petition before the Motor Accident Claim Tribunal where issues with regard to the factum of accident, insurance policy, validity of driving license of the driver of the offending vehicle etc. were framed and the Tribunal reached to the conclusion that the accident was caused due to rash and negligent driving of the Truck bearing Registration No. UP 078 BT/ 1849 and awarded compensation of Rs. 2,92,500/ - along with interest @ 6% interest against the owner as well as Insurance Company of the offending vehicle. The tribunal gave right to recover the amount awarded to the Insurance Company from the owner of the offending vehicle due to non -depositing of the tax of the vehicle and also in the absence of the fitness certificate of the vehicle on the date of the accident issued under the Motor Vehicle Act. The solitary arguments advanced by the learned counsel for the appellant is mainly on the ground of applying wrong multiplier and breach of policy.;