JUDGMENT

Dr. Arijti Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of the Division Bench of the Allahabad High Court dismissing the appeal filed by the present appellant (hereinafter referred to as the ‘insurer’).

3. Factual position which is almost undisputed is essentially as follows: An appeal was filed questioning the correctness of the Award made by the Motor Accident Claims Tribunal, Saharanpur (hereinafter referred to as the ‘MACT’) wherein a sum of Rs.1,20,000/- was awarded as compensation. The claim petition was filed on the basis that on 1.5.1991 while Abdul Hamid (hereinafter referred to as the ‘deceased’) was traveling by Matador No. URF-9761 from Saharanpur to Sarsawa, a truck bearing registration No.PIJ-5166 belonging to Border Security Force (in short the ‘BSF’) dashed against the said vehicle resulting in serious injuries on the body of the deceased. He succumbed to the injuries at the SDB Hospital Saharanpur. The appellant-insurer contested the claim petition inter alia taking the stand that the compensation as claimed was high and exorbitant. The MACT held that the accident occurred due to rash and negligent driving of the driver of t