ORDER

1. Instant miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred on behalf of the appellant/ non-claimant No.1 - Amichand (driver & owner of the offending vehicle) assailing the impugned judgment and award dated 28.07.2012 passed by the Court of Additional District Judge (Fast Track) cum Judge, Motor Accident Claims Tribunal, Sikar (hereinafter to be referred as the 'Tribunal'), in Motor Accident Claim Case No. 112/2008, titled as Smt. Bhanwari Devi & another Vs. Amichand & another, whereby the claim petition filed by the respondents/claimants - Smt. Bhanwari Devi & another, under Section 140/166 of the Motor Vehicles Act was partly allowed and compensation to the tune of Rs.8,89,344/- was awarded in favour of the claimants and the appellant/non-claimant No.1 was held liable to pay the award amount and the respondent/insurance company was exonerated to pay any compensation.

2. Facts of the case, in brief, are that on 22.02.2007 in the evening deceased - Rajendra Singh alongwith injured - Ramniwas was coming to their Village Malsiwas from Laxmangarh in a Jeep bearing registration No.RJ-23-C-2459, which was being driven by its driver Amichand (