KAUSHAL JAYENDRA THAKER,J. - (1.) By way of this appeal, the New India Assurance Company Ltd. (hereinafter referred to as 'Insurance Company') felt aggrieved by the judgment and award dated 25.1.2011 passed by Sri Naveen Srivastava, IInd Additional District Judge/Motor Accident Claims Tribunal, Guatam Budh Nagar (hereinafter referred to as 'Tribunal').
(2.) The brief facts of the case are that the claimants preferred a claim petition for the death of the sole bread winner who died in the vehicular accident which took place on 23.9.2008 at about 7.45 pm at night. The deceased was going on the motor cycle as a pillion with his friend who was driving the motor cycle being UP16 H 0480. When the vehicle reached Asian Paint Factory a tractor driven negligently dashed with the Motorcycle and during the treatment the deceased succumbed to the injuries. The deceased at the time of accident was aged 32 years had 6 children who were all minors and he was earning Rs. 10 thousand per month and was engaged in selling milk and was also a barber. The claimants claimed a sum of Rs. 40,17,000/-
(3.) The claim petition was contested by respondent Nos. 1 and 2 and did not deny the accident in question. They averred that the vehicle was insured with the Insurance Company.;