Hon’ble Ashok Kumar, J.—Heard Sri Adarsh Bhushan, learned counsel for the appellant-insurance company and Sri Ram Singh, learned counsel for the claimants-respondents.

2. This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 8.5.2018 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, District Bareilly in M.A.C.P. No. 511 of 2015.

3. Learned counsel for the appellant has submitted that the impugned judgment is not acceptable as the Tribunal has not considered the plea of the insurance company with regard to the delay in lodging the First Information Report which was lodged after 55 days from the date of incidence.

4. Per contra, learned counsel for the claimants/respondents has pointed out that after the accident, which took place on 24.10.2014, the victim-deceased was hospitalised in District Hospital, Uddham Singh Nagar, thereafter he was shifted at Kailash Hospital, Rudrapur and then Lok Nayak Hospital, New Delhi, where he was treated till 13.12.2014 and since the doctors noticed that there was no recovery then a discharge slip was issued and it was advised to the claimants to take the