- (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (herinafter referred to as the 'Act') has been filed by the Oriental Insurance Co. Ltd. (hereinafter referred to as the 'Insurance Company') against the award of the M.A.C.T./Additional District Judge, Court No. 7, Aligarh dated 1.8.2011made in M.A.C.P. No. 7 of 2009, Smt. Nirmala Devi and another vs. Sandeep Sharma and another.
(2.) Heard learned counsel for the parties.
(3.) Facts in short leading to this appeal are as follows : The deceased Chetan Swaroop, on 5.9.2008 boarded Bus No. U.P. 85E- 9372 on the way to Ajmer. Because of rash and negligent driving of bus near Jwaja, Police Station- Jawala, District- Ajmer (Rajsthan), it turned turtle resulting in fatal injuries to Chetan Swaroop. Chetan Swroop was unmarried and was earning a sum of Rs. 15,000/- per month from business. The sister of the deceased and one of his brother Gyan Swaroop filed claim petition under Sections 140 and 166 of Motor Vehicles Act, 1988 before the M.A.C.T./Additional District Judge, Court No. 7, Aligarh, which was registered as M.A.C.P. No. 7 of 2009. It was mentioned that the deceased has left behind him besides the claimants, three other brothers as his legal representatives, whose names were mentioned in para-8 of proforma of the application for compensation namely, Bhagwan Swaroop, Prem Swaroop and Kapil.;