Rajiv Roy, J.—The present appeal has been preferred by the appellant, United India Insurance Company Limited (henceforth for short 'the United India') through its Divisional Manager against the judgment and order dated 22.9.2018/award dated 3.10.2018 by the learned District Judge-cum-Motor Vehicle Accident Claim Tribunal, Muzaffarpur in Claim Case No. 321 ov 2017 (henceforth for short 'the Tribunal') by which compensation amount of Rs. 48,22,897/-was awarded to the claimant-respondent first set under Section 166 of the Motor Vehicle Claims Act (henceforth for short 'the Act').

2. The matrix of facts giving rise to the present appeal is/are as follows:

3. The deceased, Baidhnath Ram on 19.2.2016, while returning to Motihari by his motorcycle and in order to avert accident with a grass-cutter, fell down on the road and was dashed by a vehicle. He was taken to Motihari Hospital from where he was shifted to private nursing home at Patna but died in course of treatment on 25.2.2016. Subsequently, his son Saurabh Kumar lodged FIR vide Harsidhi P.S. Case No. 84 of 2016 under sections 279 and 304(A) of the Indian Penal Code against unknown motor-cyclist.

4. The police investigated the matter