Pankaj Mithal, Shashi Kant, J. - (1.) Heard Sri Arvind Kumar, learned counsel for the appellant and Sri Nigmendra Shukla, learned counsel appearing for the claimant-respondents. Respondent no.5 is the owner of the vehicle and he is not the contesting party in this appeal, inasmuch as, the contest in appeal is between the Insurance Company and the claimant-respondents. The respondent no.6 is a formal party, inasmuch as, he is the son of the deceased.
(2.) The appeal has been preferred against the judgment and award dated 23.7.2012 of the Motor Accident Claims Tribunal whereby a sum of Rs.18,71,500/- with 6 percent simple interest per annum from the date of filing the claim petition till its payment has been awarded to the claimant-respondents.
(3.) The claimant-respondents allege that the deceased, who was riding a scooter, met with an accident on 14.08.2002 with truck UP 15L 1099, which was insured with the appellant-Insurance Company. In the said accident, the deceased Rajbir sustained fatal injuries and ultimately died on 20.4.2006 after remaining in coma continuously ever since the accident.;