JUDGMENT :

KAUSHAL JAYENDRA THAKER, J.

1. Heard Sri Rakesh Bahadur, learned counsel for the appellant and Sri Krishna Mohan Rai, learned counsel for the respondent-claimant (s). Though there are other four advocates, none appeared when the matter was argued.

2. This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by Insurance Company, being aggrieved by order dated 7.5.2002 passed by Motor Accident Claims Tribunal / District Judge, Mainpuri in MACP No. 65 of 2000 (Smt. Suman Mishra Versus Prakash Chandra Katiyar and others) awarding a sum of Rs.2,87,500/-with 9% rate of interest for the injuries sustained by the claimant-opponent no.1.

3. The parties are referred to as appellant and (claimant) opponent No.1, owners as opponent no. 2 and 3.

4. Before I advert to the factual scenario the issues which are not in dispute are (a) accident is not in dispute, (b) involvement of the vehicle insured by the appellant is not in dispute, (c) finding of negligence is not challenged either in oral submission or in written