JUDGMENT :

1. Heard Sri K.S. Amist, learned counsel for the appellant, Sri S.D. Ojha, learned counsel for claimants-respondent and perused the judgment and order impugned.

2. This appeal, at the behest of appellant-M/S United India Insurance Company Ltd., challenges the award dated 19.8.1992 passed by Motor Accident Claims Tribunal/Vth Additional District Judge, Gorakhpur (hereinafter referred to as 'Tribunal') in M.A.C.No.35 of 1991 awarding a sum of Rs.3,60,000/-with interest at the rate of 12% as compensation.

3. Brief facts as culled out from the record are that on 7.10.1990, Prem Narain Singh was going driving Hero Puch from Chargawan towards Gorakhpur and at about 11:20 a.m. when he reached near M/s Gautam Bhterprises at Khajanchi Chauraha, Police Station Shahpur in Gorakhpur to Bhatahat Road, a Jeep bearing UPH-2756, coming from Dharamshala City, Gorakhpur side to Maharajganj driven in a very rash and negligent manner, dashed against the moped causing grievous and fatal injuries to Prem Narain Singh who later on died in the Hospital on the same day.

4. Learned counsel for the appellant – insurance company submits that Kali Charan-respondent no. 9 who was the owner of the Jeep UP