(Satyendra Singh Chauhan, J.)

This appeal has been filed against the judgment and award dated 21.10.2008, awarding a compensation of Rs.40,09,133/- alongwith interest @ 7.5% per annum from the date of petition i.e. 06.02.2007 till payment, failing which, the insurance company has been directed to pay penal interest @ 9% per annum.

2. The facts, in short, are that the deceased, aged about 39 years, who was a Textile Engineer and posted as Marketing Manager in Reliance Industries Ltd. At Gurgaon, Haryana, was travelling in a Hyundai Santro Car on 25.06.2005 bearing Registration no.UP-58/A-3600. The car was being driven by the driver Sarveshwar Tripathi and one employee of his company, namely, Sharad Nigam was also travelling alongwith him in the said car. At about 11: 30 p.m., when the car was on Faizabad-Barabanki road at village Udhauli near Hotmix plant, a fallen tree was obstructing the road and driver of the car moved towards right on a narrow strip of the road in a rash and negligent manner, but in his attempt, he failed and collided head-on with a rashly driven truck. In the accident, severe injuries were sustained by the driver and two riders of the car, in which, the