JUDGMENT :

1. This is an Appeal by the Insurer from an award of the Motor Accident Claims Tribunal, Sitapur, under Section 173 of the Motor Vehicles Act, 1988. The claim petition, giving rise to this Appeal, being Motor Accident Claim Petition no.325 of 1995 was instituted on 25.12.1997 before the District Judge/ Motor Accident Claims Tribunal, Sitapur by Mohd. Iliyas, respondent no.1 to this Appeal. Pankaj Shukla, the second respondent here, and the New India Assurance Co. Limited, were arrayed as the two opposite parties to the claim petition. The New India Assurance Co. Limited is the appellant here.

2. As facts would show in greater detail, Pankaj Shukla, respondent no.2 here, was operating the motor scooter, with whom respondent no.1, Mohd. Iliyas, the claimant was a pillion rider, when the vehicle met with the accident, giving rise to this claim. The claimant-respondent no.1 sustained serious injuries in the accident and claimed compensation under various heads, which has been granted by the Tribunal vide the award impugned. Since the appellant was the Insurer, who had insured the two wheeler that the two respondents were riding, they have been ordered to indemnify and satisfy