1. The cost amount has been deposited. We hereby direct that the cost amount may not be deducted from the salary of the officer concerned. Order dated 07.05.2018 is amended to that extent.

2. Arguments on appeal have been heard.

3. Appeal is dismissed.

4. Reasons to follow.

5. This appeal under Section 173 of Motor Vehicles Act, 1988 has been filed by the New India Assurance Company Ltd. against the judgment and award dated 04.02.2014, passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Unnao in M.A.C. No. 212 of 2012 : Puran Lal & others Vs. Purshottam Narain Gupta & others).

6. Brief facts, relevant for disposal of this appeal are that on 18.05.2012, at about 6:30 P.M. deceased Arvind Kumar was coming from Bilhore by vehicle No. UP32 Z 9518. When the said vehicle reached near Village Dadhika, Truck No. UP 77 N 9331, which was being driven by its driver rashly and negligently, came from the side of Bangarmau and dashed the Mahindra Max No. UP 32 Z 9518, due to which deceased Arvind Kumar sustained grievous injuries and died on the spot. The driver of the truck ran away leaving the truck on the spot.

7. In the claim petition, it was stated that t