JUDGMENT

Lokeshwar Singh Panta, J.

1. Leave granted.

2. This appeal is against the judgment dated 1st July, 2006 passed by the High Court of Judicature at Allahabad whereby and whereunder, appeal filed by the Oriental Insurance Company Limited challenging the award dated 26.04.2006 of the Motor Accident Claims Tribunal/Additional District Judge Khushi Nagar in MAC No. 98/2002, has been dismissed.

3. Briefly stated the facts leading to the filing of the appeal are as under:-

On 23.07.2001 at about 6:00 p.m. one Shukurullah was going from Kasya Courts to his village Shivpur on a bicycle. A two wheeler scooter, bearing registration No. UP 57 - 5901, being driven by one Ram Surat in a rash and negligent manner hit Shukurullah near Sapha P.S. Kasya and as a result thereof, Shurkurullah sustained grievous injuries and died. The ill-fated scooter was owned by Vakilrao respondent No. 8 herein. The legal representatives of deceased Shukurullah lodged a Claim Petition No. 98/2002 before the Motor Accident Claims Tribunal, Khushi Nagar/Additional District Judge and they claimed compensation for the death of their sole bread earner.

4. By its award dated 26.04.2006, Motor Accident Claims Tribu