SARAL SRIVASTAVA J. - (1.) Heard counsel for the appellant and counsel for the respondents no. 1 to 4.
(2.) The appellant Insurance Company being aggrieved by the judgment and order dated 06.04.2010 passed by the Motor Accident Claims Tribunal/Fast Track Court 1st, Merrut, in Motor Accident Claims Petition No. 1109 of 2009, has preferred the present appeal whereby Tribunal has awarded Rs. 17,73,350/- with 6% interest as compensation to the claimants-respondents no. 1 to 3.
(3.) The appellant has challenged the order dated 06.04.2010 on two counts namely the Tribunal has acted illegally in not appreciating the correct facts on records while holding that the alleged accident had taken place by Bus No. H.R.-10-P.A.O.-111; the second contention raised by counsel for the appellant is that the compensation awarded by the Tribunal is on higher side. Brief facts which led to filing the claim petition are that the claimants-respondents no. 1 to 3 being legal heirs of deceased Pradeep Rastogi, instituted claim petition stating that Pradeep Kumar was riding Scooter No. UP-15-Q-562 from his home to stadium for morning walk and was hit by Bus No. H.R.-10-P.A.O.-111 driven by its driver rashly and negligently near Alexander Club. The claimants- respondents no. 1 to 4 prayed for compensation of Rs.60,00,000/- as the deceased was running a jewellery shop, and his monthly income was Rs.70,000/- per month as per claim petition.;