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 whereafter it was found that the deceased Baidhnath Ram was actually hit by a Bolero vehicle bearing registration no. BR-06PB-4762. A host of witnesses to the occurrence supported the same before the police and accordingly charge-sheet was submitted against the Bolero driver under Sections 279, 304(A) of the Indian Penal Code vide charge-sheet No. 400/17 on 30.10.2017.

5. The deceased's wife Sarita Devi and son Saurabh Kumar thereafter preferred Claim Case No. 321 of 2017 under Section 166 of 'the Act' before 'the Tribunal', Muzaffarpur against amongst other 'the United India' claiming compensation of Rs. 90,00,000/-

6. The submission of the claimant before 'the Tribunal' was that the deceased was an Assistant Teacher with the Government Upgraded Middle School, Gokhula under the State Government and was drawing salary of Rs. 46,916/- per month. He was 50 years, 9 months old at the time of accident/death and was survived by his wife, Sarita Devi and son Saurabh Kumar. The claim was made against the owner of the Bolero as also 'the United India'.

7. The owner of the vehicle appeared and contested the matter denying involvement of his vehicle in the accident. He further claimed that the vehicle in question was insured with 'the United India' with valid policy no. 2102013115P10955752 having validity period 19.11.2015 to 18.11.2016. Thus the policy was covering the risk of accident and as such the owner cannot be held liable to indemnify the compensation.

8. 'The United India' also contested the matter claiming amongst other that the FIR was lodged against unknown motor-cyclist but the charge-sheet was submitted against a Bolero vehicle and as such the claim is fit to be rejected.

9. 'The Tribunal' heard the matter where the independent witnesses AW-2 Kariman Ram, AW-3, Md. Naushad and AW-4 Amit Raj were examined/cross examined and they disclosed that on the fateful day the deceased in order to save grass-cutter fell on the road and was dashed by the Bolero vehicle bearing registration no. BR-06-PB-4762 resulting into serious injury and his subsequent death.

10. 'The Tribunal' thereafter vide an order and judgment dated 22.9.2018 held as follows:—

11. Thus considering the above oral and documentary evidences brought on record, it is clear that deceased Baidhnath Ram died in road accident due to rash and negligent driving of offending Bolero No. BR-06PB- 4762 for which Harsidhi P.S. Case No. 84 of 2016 was lodged against the driver of Bolero No. BR-06PB-4762. Thus issue no.2 is decided in favour of claimants.

12. Issue no.3 as the offending Bolero No. BR-06PB-4762 was insured with United India Insurance Company Limited (O.P. No.2) vide policy 2102013115P10955752 valid from 19.11.2015 to 18.11.2016. Xerox copy of Insurance policy is available on the record which co