BALA KRISHNA NARAYANA, J. - (1.) Heard learned counsel for the parties.
(2.) This first appeal from order has been filed by the appellant, Oriental Insurance Co. Ltd. challenging the validity of the judgement and award dated 21.04.2011 passed by Additional District Judge, Court No. 1/Motor Accident Claims Tribunal, Chitrakoot by which the Motor Accident Claim Petition No. 94/70/2010 filed by claimants/respondent nos. 1 to 6 claiming a sum of Rs. 34,35,407/- as compensation for the death of one Omprakash Pandey, husband of claimant/respondent no. 1 and father of claimant/respondent nos. 2 to 6 as a result of injuries received by him in an accident caused due to rash and negligent driving of Commander Jeep bearing registration no. U.P.-96-8567 by its driver on 29.05.2010 at about 10 A.M. while he was going with his friend, Kamlesh Kumar Soni on his motorcycle to purchase some goods, was allowed in part and a sum of Rs. 10,58,240/- was awarded as compensation to the claimants/respondents against the appellant with the right to the Oriental Insurance Co. Ltd. to recover the amount of compensation paid by it to the claimants/respondents from the respondent no. 7, owner of the Commander Jeep, hereinafter referred to as the offending vehicle.
(3.) Learned counsel for the appellant has submitted that the Tribunal committed a patent error of law in fastening the liability of payment of compensation to the claimants/respondents on the Oriental Insurance Co. Ltd. despite recording a categorical finding that there was breach of terms of the policy. The quantum of the compensation was also criticized as being highly inflated.;