KRISHNA SINGH,J. - (1.) This appeal has been filed by the appellant-Insurance Company being aggrieved against the impugned judgment and award dated 11.1.2012 passed by the Motor Accident Claims Tribunal/Additional District Judge, Aligarh in MACP No. 269 of 2008 (Smt. Preeti Gupta and others v. Shri D.P. Singh Range Hills Public School and others) awarding compensation to the tune of Rs. 23,22,066/- along with 6% percent interest per annum to the respondent-claimants inter-alia on the ground that compensation, which has been awarded in favour of respondent-claimants is excessive and also that the Tribunal has not calculated the compensation as contemplated in law.
(2.) Brief facts giving rise to the present appeal are that the deceased Yogesh Gupta was posted at Police Station-Gangiri, Aligarh as Head Constable. On 22.4.2008, he was returning from Aligarh to Gangiri by his motor-cycle bearing registration No. U.P.-81-X-2233 and when he reached in front of Range Hills Public School, G.T. Road, Aligarh at about 7:30 A.M., all of sudden a bus bearing registration No. U.P. 81-W-9516 coming from opposite direction dashed his motor-cycle on account of which Yogesh Gupta sustained serious injuries and he was taken to District Hospital, where he was declared dead. Accident in question had occurred due to rash and negligent driving of the driver of the said offending bus. FIR of the said accident was lodged on 22.4.2008 at Police Station-Gandhi Park, Aligarh against the driver of the said offending bus. After investigation in the case Police has submitted the Charge-Sheet No. 89 of 2008 against the driver of the said offending bus under Section-279, 304-A and 427 of the Indian Penal Code, post-mortem of the deceased was conducted. At the time of accident said offending bus was insured with the appellant-Insurance Company. Respondents-claimants are the dependent and legal representative of the deceased.
(3.) The proceedings were contested by the owner and driver of the said offending bus as well as the appellant-Insurance Company.;