- (1.) Heard learned counsel for the appellant and Shri Rishi Bhushan Jauhari, holding brief of Shri Bhanu Bhushan Jauhari, learned counsel for the claimants-respondents.
(2.) The instant appeal under section 173 of the Motor Vehicles Act has been filed by the Insurance Company assailing the judgement and award dated 15.10. 2015 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Shahjahanpur in M.A.C.P. No. 325 of 2014 ( Smt. Anjali and others Vs. Sparsh Transport & others) whereby the tribunal has awarded the compensation of Rs. 11, 77,500/- alongwith simple interest at the rate of 7% per annum from the date of institution of the claim petition.
(3.) As per the claim petition on 7.9.2013, the husband of the claimant no. 1, namely, Arun Kumar Mishra alias Ajay Mishra was going from Shajahanppur to Jaitipur on his Motor cycle bearing registration no. U.P. 76C-8594 to his seed shop. When he reached near the village Khandsar, P.S. Katra, District Shahjahanpur, at about 7.15 p.m. one truck bearing registration no. U.P. 27-5492 dashed with the motor cycle of the deceased from front side which was driven by its driver rashly and negligently whereby the the deceased sustained grievous injuries and succumbed to injuries.;