Hon’ble Krishna Murari, J.—Heard Shri S.C. Srivastava, learned counsel for the appellant, Shri Siddharth Srivastava, learned counsel for the claimant-respondent Nos. 1 to 3 and Shri S.D. Ojha for respondent No. 4.

2. This appeal under Section 173 of the Motor Vehicles Act (for short the Act) has been filed by Insurance company challenging the judgment and award dated 31.5.2000 passed by Additional District Judge/Motor Accident Claims Tribunal, Meerut awarding a sum of Rs. 5,85,500/- as compensation to the claimant-respondent Nos. 1 to 3.

3. Facts, in short, giving rise to the dispute are as under.

A claim petition claiming compensation to the tune of Rs. 20 lacs was preferred by the claimant-respondents on the allegation that on 3.9.1997 when deceased Sobha Ram was going on his moped No. U.P. 15D 1960 to his office at about 10 am, when he reached telephone exchange, then near SSD Crossing, Bus No. UHN 1152, which was being driven in rash and negligent manner, hit the moped, which caused grievous injuries and resulted into death of Sobha Ram. It was further pleaded that the deceased was aged 55 years and was working in CDA Pension office and his total income including that