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, proceeding from the opposite direction, that is to say, from Gulawathi to Sikandrabad, driven at a high speed and negligently in a wayward fashion, hit Shyamveer's motorcycle head on. Shyamveer was moving on the left hand side of the road, more on to its pavement. The impact caused Shyamveer to sustain a number of grievous injuries, in consequence whereof, he died on the spot, without opportunity for the extension of medical aid.

4. The deceased is survived by five dependents, who are the claimant-respondents to this appeal. They are Smt. Mamta Rani, widow of the deceased Shyamveer. She was aged 47 years at the time of the accident. Atul Kumar and Km. Nisha Rani are the deceased’s son and the daughter. They were aged 24 and 23 years, respectively at the time of the accident. Smt. Mahaviri Devi and Naipal Singh are the mother and the father of the deceased. The mother was aged 70 years and the father 72 years at the time the cause of action arose.

5. The deceased was employed as an Assistant Development Officer in Harijan Samaj Kalyan Department of the State Government and posted as the Block Development Officer, Sikandrabad, District Bulandshahr. He was drawing a monthly salary of Rs. 38,400/-. The claimant-respondents prayed that they may be awarded compensation in the sum of Rs. 40,45,000/-.

6. Respondent nos. 1 and 2 to the claim petition, who are respondent nos. 6 and 7 to this appeal, are the driver and the owner of the offending vehicle. The driver is Rahul, son of Rajat Singh, whereas the owner is Randhir Singh, son of Indraveer Singh. They shall hereinafter be referred to as ‘the driver’ and ‘the owner’ respectively.

7. The driver and the owner filed a written statement, denying the involvement of the offending vehicle. It has been pleaded in Paragraph No. 15 of their written statement that the driver was working as such (of the offending vehicle) and had a valid and effective driving licence issued in his favour by the competent Authority at Bulandshahr.

8. It was further stated that at the time of the accident, the offending vehicle was insured with respondent no. 3 to the claim petition, who are an Insurance Company. The particulars of the Insurance Policy with its number was pleaded and a copy of the cover note was enclosed with the written statement. It is the case of the owner and the driver that if at all liable, it is the Insurance Company, who are obliged to satisfy the award.

9. A separate written statement was put in on behalf of the third respondent to the claim petition, who are the United India Insurance Company Limited, Branch Office near Meerut Private Bus Stand, State Bank of India Lane, Bulandshahr, represented by its Branch Manager. The Insurance Company aforesaid shall hereinafter be referred to as the insurers. The insurers ar