JUDGMENT :

J.J. MUNIR, J.

1. This First Appeal From Order by the Insurance Company is directed against a judgment and award of the Motor Accidents Claims Tribunal/Special Judge (SC/ST Act), Bulandshahr dated 21.03.2013, ordering the appellant-Insurance Company to pay compensation to the claimant-respondents in the sum of Rs. 36,80,222/- together with interest.

2. A cross-objection, being Cross Objection No. 48 of 2021, has been preferred by the claimants, seeking enhancement of the compensation. The cross-objection was presented beyond time by five years and fifty-one days. It was accompanied by a delay condonation application. The delay was condoned vide order dated 20.01.2022 and the cross-objection admitted to hearing.

3. The facts giving rise to this appeal are that on the 23rd of February, 2011, Shyamveer was proceeding on his motorcycle bearing Registration No. UP-14L-2487 from Sikandrabad to Town Gulawathi, both situate in the district of Bulandshahr. As he reached a certain Dholi Pyau near village Sanauta at about 02:00 p.m. a Bolero SUV bearing Registration No. HR-66/1186,