VIRENDRA KUMAR SRIVASTAVA,J. - (1.) This appeal has been filed by appellant Insurance Company (hereinafter referred to as "Insurer") against the award dated 28.4.2011 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 5, Allahabad in M.A.C.P. No. 627 of 2009 (Ramesh Chandra Nishad and others Vs. Leeladhar Tripathi and others) whereby claim petition filed by claimants-respondents No. 1and 2 (for short "claimants") has been allowed and compensation of Rs. 3,35,979/- along with 6.5% simple annual interest has been awarded.
(2.) The brief facts, arising out of this appeal, are that on 15.7.2009 at about 12 O' clock, the deceased Mahesh, aged about 24 years was riding as pillion rider on motorcycle, driven by one Sushil Kumar. When he was passing nearby a culvert situated near the Shastri Bridge within jurisdiction of P.S. Daraganj, Allahabad, driver of the vehicle TATA Mini Bus No. UP 70 AT-4058, driving the said vehicle, rash and negligently, dashed the motorcycle of Sushil Kumar whereby deceased Mahesh received grievous injuries, in result whereof he died on 16.7.2009, during treatment. First Information Report was lodged by one Sunil Kumar Nishad and Case Crime No. 173 of 2009 under Section 279, 337, 338, 304-A IPC, was registered at P.S. Daraganj, Allahabad.
(3.) Claim petition was filed by claimants (parents of deceased Mahesh) under Section 163-A of Motor Vehicle Act (for short "M.V. Act"), for compensation of Rs. 9 lakhs against the owner of vehicle/ respondent no.3 and Insurer. The said claim petition was allowed by the Tribunal by aforesaid impugned order and award. Aggrieved by the said award this appeal has been filed.;