2. In the present appeal the Insurance Company is challenging the judgment dated 28.4.2012 and award dated 8.5.2012 passed by the Additional District Judge, Fast Track Court No.II, Gaya-cum- M ACT, Gaya in MAC Case No.87 of 2009/124 of 2011 by which Motor Vehicle Tribunal directed for payment of compensation amount of Rs. 3,14,000/-.

3. Brief facts of the case is that on 6.2.2009 at about 10.30 A.M. the victim was coming from Kukiyasan on a tractor, whose engine number is E 3051796 and chasis no. is B3048170. When the tractor reached 700 yards north of Alipur bazaar on main road the said tractor turned turtle due to its rash and negligent driving of its driver. The deceased fell down, came under the wheel of trailor and died on the spot. On the statement of Biltan Paswan, a police case vide Buniyadgang P.S. Case No.15 of 2009 for the offences under Sections 279, 337, 338 and 304A of the Indian Penal Code was registered against the driver of the tractor. The post-mortem of dead body of victim was conducted at A.N.M.M.C.H, Gaya, later on claim application was filed.

4. In the First Information Report it has been mentioned that on 6.2.2009 in the