MAHENDRA DAYAL,J. - (1.) I have heard Shri Waquar Hashim, learned counsel for the appellant and Shri Janardan Prasad, learned counsel appearing for respondents no. 1 and 2. No one has appeared on behalf of respondent no. 3.
(2.) The appellant National Insurance Company Ltd. has questioned the award dated 18.2.2003, passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 16, Lucknow in Claim Petition No. 491 of 2001, whereby the respondents no. 1 and 2 have been awarded Rs. 2,16,000/- as compensation.
(3.) As per the claim petition filed by the respondents nos. 1 and 2, the deceased Rakesh Kumar Mishra was the son of the respondent no. 1 and brother of the respondent no. 2. He was aged about 28 years and had a business of selling cloth. He was also working as Home Guard. The accident took place on 1.8.1992 when the deceased was travelling in tempo Registration U.P. 32 A 6059. When at 8.00 P.M. the tempo reached near Bhitauli at Sitapur Road the tempo over turned on account of rash and negligent driving by its driver. The deceased Rakesh Kumar Mishra received serious injuries and he was admitted in Medical College, Lucknow where on 2.8.1992 he died. The respondents no. 1 and 2 being legal heirs, claimed compensation on the ground that on account of death of the deceased, they have suffered financial loss as well as the mental shock.;