- (1.) The instant civil misc. appeal has been filed by the appellant Insurance Company under Section 173 of the Motor Vehicles Act against the impugned award dated 15.2.2008 passed by the MACT Hindaun City in claim case No.32/2006, whereby the Tribunal passed an award granting a sum of Rs.2,95,800/- as compensation to the claimants.
(2.) The brief facts as emerging on the face of record are that a claim petition came to be filed by the claimants namely wife, son, daughters and parents of the deceased for grant of compensation to the tune of Rs.24,84,000/- before the Tribunal under Section 166/140 of the M.V. Act stating therein that on 7.2.2006 in the afternoon at about 12 O' Clock when the deceased Sadiq @ Mohammad Sadiq was returning in Truck bearing No. LP RJ 14 -1G 5637 after unloading sugar bags at Balu Ram's Mill, Hindaun then the non-petitioner No.1 turned back his truck rashly and negligently and hit the deceased from back side by his truck as a result of which the truck crushed his right leg and his bones of leg were broken and he died. It was averred that the report of the incident was lodged on the same day at the police on the parcha Bayan of Sadiq and after investigation, police submitted challan against non-petitioner No.1 before the competent court.
(3.) The non-petitioners Nos. 1 & 2 filed their reply and stated that wrong facts have been mentioned in the claim petition and denied the averments and contended that accident was not caused due to the truck in question and further stated that FIR has been lodged with an oblique motive to some how get the compensation.;