- (1.) Heard learned counsel for the appellant-Insurance Company and perused the materials on record.
(2.) This First Appeal From Order has been filed by the appellant Insurance Company challenging the judgment and award dated 21.5.2015 passed by Motor Accident Claims Tribunal/Additional District & Sessions Judge, Court No.13, Ghaziabad in M.A.C. No. 36 of 2012, whereby the Tribunal has awarded Rs. 6,29,000/- along with 6% per annum simple interest as compensation to the claimants payable by the Insurance Company.
(3.) The brief facts of the case are that on 17.12.2011 at about 10 the deceased Mukesh Kumar, aged about 31 years, was returning to his house after completing his company duly situated at Pandav Nagar, Delhi by scooter no. DL 03S 0852. Along with him, Vikram and Jagdish were also returning to his house by another scooter no. DL35 AZ 3353. As soon as they reached near chauki of Mohan Nagar crossing, the driver of truck no. HR-58-2647 in which gas cylinders were loaded, at a high speed and negligently, dashed the scooter from behind, as a result of which, the deceased came under the front wheel of the truck and he died on the spot. The deceased died leaving behind him, his wife, mother, two daughters and one son, total five in number. The claimants stated that at the time of the death, the deceased Mukesh Kumar was working as Supervisor in Sunni Sons & Co., Delhi and was getting Rs. 12,950/- per month as salary and Rs. 3000/- as travelling allowance. The claimants claimed Rs. 27,25,000/- as compensation along with 12% interest. After considering all the documents, oral as well as documentary, the Tribunal framed as many as nine issues and awarded Rs. 6,29,000/- along with 6% per annum simple interest as compensation.;