- (1.) Heard Mr. Satyajit Banerji, learned Counsel for the appellant and Mr. Vivek Madhok, learned Counsel for the respondents/claimants.
(2.) The instant First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 arises out of the judgment and award dated 3.3.2018 passed by the Motor Accident Claims Tribunal/Special Judge, Court No.2, Lucknow (hereinafter referred to as the "Tribunal"), in Claim Petition No. 592 of 2010 : Smt. Geeta Rawat and another v. Chandrapal Singh and another, whereby the Tribunal, while allowing the claim petition partly, directed the appellant-Insurance Company to pay the compensation, amounting to Rs.692685/- together with simple interest @ 7% per annum from the date of filing claim petition till its payment, to the claimants within a period of thirty days. However, liberty was granted to the appellant-Insurance Company to recover the amount of compensation together with interest from the owner of the vehicle (respondent No.3 herein).
(3.) Shorn of unnecessary details, the facts of the case are as under : On 22.11.2010, deceased Hardev Prasad Rawat was going from Lucknow to Bihar via Sultanpur Road as a passenger with a Car, bearing registration No. U.P. 32/C.V. 9032 and when the car reached near Gattani Petrol Pump, Police Station Gosaiganj, Lucknow at about 1:40 a.m., then, driver of the Truck, bearing registration No. U.P.32/A.N.0203, while driving it rashly and negligently, hit the Car, as a consequence of which, Hardev Prasad Rawat sustained grievous injuries and died on the spot.;