JUDGMENT :

1. Heard Sri Anand Kumar Sinha, learned counsel for the appellant-National Insurance Company, Sri S. Shekhar, learned counsel for respondent nos.1 & 2 and Ms. Nirja Singh, learned counsel for the respondent no.3.

2. This appeal under Section 173 of Motor Vehicle Act has been filed by the National Insurance Company/opposite party no.2/appellant challenging the judgment and order dated 28.09.2009 passed by Additional District Judge/Special Judge (SC/ST)/M.A.C.T., Ghaziabad by which a sum of Rs.12,70,406/- alongwith 6 % interest has been awarded as compensation on account of death of deceased against the appellant.

3. Facts in brief are that an application u/s 166 & 140 M.V. Act was filed by the claimant/respondent no.1 & 2 seeking compensation to the tune of Rs.42,66,000/- alongwith 18% interest alleging that on 09.03.2005 deceased Vikas Arora S/o claimant was returning to his home from his office by motorcycle and when he reached near Mohan Nagar police outpost, Ghaziabad at 7:00 P.M. a truck bearing no. AS 01 F 4749 driven by its driver rashly and negligently dashed him from behind causing injuries to him as a result he died on the same day in the hospital. F.I.R. in this r