Krishna Singh, J. - (1.) This appeal has been filed by the appellant-Insurance Company being aggrieved against the judgment and award dated 29.11.2007 passed by the Motor Accident Claims Tribunal, Court No. 1, Jhansi in MACP No. 110 of 2003 (Smt. Meera Khare and others v. Jagram Singh and others) awarding compensation to the tune of Rs. 4,01,000/- along with the interest @ 6% per annum to the respondents-claimants inter alia on the ground that the compensation, which has been awarded in favour of respondents/claimants is excessive and also that the Tribunal has not calculated the compensation as contemplated in law.
(2.) Brief facts giving rise to the instant appeal are that on 14.5.2002, Brij Bahadur Khare along with his daughter Km. Neelam Khare and other relatives went to Orcha, District Teekamgarh and from where they were going to Khajuraho by Tata Sumo bearing No. MP 16 D0174 and when they reached near Dhanai Vahad, Police Station Sarkar on Jhansi-Mauranapur Road at 12 Noon, Truck Dumper bearing No. UP 93 E0810, which was being driven rashly and negligently with a very high speed and coming from Mau side, dashed the Tata Sumo, as a result of which all the persons received serious injuries, while Brij Bahadur Khare died on the spot. Thereafter, Km. Neelam Khare was taken to the Medical College, from where she was referred to the Gwalior Hospital looking to her serious condition and during treatment, she died on 15.5.2002. Thereafter, a claim petition was filed with the allegation that deceased Km. Neelam Khare was aged about 22 years and was working as Teacher in the Public Convent Junior High School Simraha, District Jhansi and was earning Rs. 3,000/- per month.
(3.) We have heard the submissions of learned counsel for the parties and perused the record.;