JUDGMENT :

1. Heard Shri H.M. Srivastava and Shri Neeraj Srivastava, counsel for the petitioner.

2. The respondent Nos. 3 to 8 instituted Motor Accident Claim Petition No. 244 of 2008 under Section 166 of the Motor Vehicle Act 1988 (hereinafter referred to as, 'Act, 1988') before Motor Accident Claims Tribunal, District-Bulandshahar (hereinafter referred to as, 'Tribunal') against the petitioner and respondent No. 2 claiming compensation for the death of Shri Nanak Chandra in an accident occurring on 16.6.2008 and caused due to rash and negligent driving of Truck No. U.P. 82 J 9175. The petitioner is the owner of the vehicle, i.e., Truck No. U.P. 82 J 9175 and the vehicle was insured with respondent No. 2, i.e., The National Insurance Company Limited. The respondent Nos. 3 to 8 are the dependents of (Late) Shri Nanak Chand. The Tribunal through its award dated 1.3.2011 awarded, to the claimants, a compensation of Rs. 3,69,500/-with a simple interest of 6% per annum calculated from the date of the institution of the claim petition. In its judgment, the Tribunal recorded that the petitioner had not filed the fitness certificate of the vehicle and, therefore, the Tribunal held that the