JUDGMENT :

Ajai Tyagi, J.

1. Heard learned counsel for the appellants and learned counsel for the respondents. Perused the record.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 23.11.2013 passed by Motor Accident Claim Tribunal Agra/Additional District Judge, Court No.2, Varanasi (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.35 of 2012 awarding a sum of Rs.38,15,714/- with interest at the rate of 6% as compensation.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is in dispute. The respondent concerned has not challenged the liability imposed on them and, therefore, issues decided by the tribunal other then grant of compensation have attained finality. The only issues to be decided are, (a) negligence and (b) quantum of compensation awarded.

4. The brief facts as culled out from the record are that appellants/claimants along with deceased Nalin Kumar Awasthi (husband of appellant No.1) were going to Kanpur Nagar from Varanasi on 05.11.2010 to visit their residence in a Maruti W