Saral Srivastava, J. - (1.) Heard Sri Arun Prakash, learned counsel for the appellant and Sri Anoop Mishra, learned counsel for the respondents.
(2.) The appellant-insurance company has preferred the present appeal challenging the judgement and award dated 23.08.2012 passed by the Motor Accident Claims Tribunal/District Judge, Etah in M.A.C.P. No. 131 of 2011 whereby, the Tribunal has awarded Rs.4,33,300/- along with 7% interest as compensation to the claimants/respondent nos.1 to 5.
(3.) It has been stated that one Vinod Kumar was driving the Swift D'zire Car No. RJ-14-CL-4046 (hereinafter referred to as "car") on 20.1.2011 from Etah to Jaipur along with his relative Hari Kumar Singh and when the car reached near village Kanalpura P.S. Bhusawar, District Bharatpur of National Highway No.11, due to some technical snag in the car, Vinod Kumar lost control over the car due to which car over turned on the road. In the said accident, Hari Kumar Singh and his wife Poonam suffered injuries and Vinod Kumar died due to the injuries suffered by him in the accident. It was stated that deceased was earning about Rs.3300/- per month. In the aforesaid backdrop, claimants/respondent nos.1 to 5 instituted the claim petition praying for compensation of Rs.12,15,000/- with 12% interest.;