JUDGMENT :

This appeal by the Insurance Company is directed against the judgment and award of the Motor Accident Claims Tribunal/ Additional District Judge, Court No.1, Banda dated 29.05.2017, allowing Motor Accident Claims Petition No. 39/70/2012. By the impugned judgment and award, a sum of Rs. 10 lakhs has been awarded by the Tribunal for the permanent disability sustained by the claimant-respondent in a motor accident.

2. Heard Mr. S.K. Mehrotra, learned Counsel for the appellant-Insurance Company and Mr. Ram Singh, learned Counsel appearing on behalf of claimant-respondent No.1. No one appears on behalf of the owner-respondent No. 2.

3. The facts giving rise to this appeal are that the claimant-respondent No. 1 (for short, ''the claimant') instituted the claim petition before the Tribunal giving rise to this appeal with a case that on 26.09.2011 at about half past five in the evening, he was proceeding on a bicycle from Village Ahila to his village. As soon as the claimant emerged from Village Ahila and moved on to the Banda-Baberu Road reaching the culvert, he met one Ram Kishan son of Basdev, a resident of Village Poon. The claimant stood on the side of the road and the two were talking amongst themselves. Suddenly, a vehicle of Marshal Max Make, bearing registration No. UP-90B/9067, driven by Kalka Prasad @ Kela, rashly, negligently and at a high speed, approached from the Banda end. The vehicle aforesaid struck the claimant, causing him to be severely injured. The claimant's son and Ram Kishan ferried him to the District Hospital for medical aid. He was found to have sustained grievous injuries on his body and lower limbs, for the treatment whereof he was referred by the District Hospital to a higher centre at Kanpur. The claimant was admitted for treatment to the North Star Hospital at Kanpur. The Doctors there advised that one of his lower limbs was absolutely crushed and would have to be amputated in order to save his life. The lower part of his limb was, therefore, amputated. The claimant urged that he has sustained a loss in the sum of Rs. 10 lakhs, which he sought to recover from the owner of the offending vehicle and the respondent-Insurance Company (for short, ''the Insurers').

4. A written statement was filed on behalf of Kalka Prasad son of Bhaiyadeen, who is the driver and the owner of the offending vehicle both. He has denied the assertions in the claim petition generally, but acknowledged that he is the owner of the offending vehicle. It is also accepted that he was driving the vehicle. It is pleaded that the offending vehicle is insured with the Insurers under a policy that was valid from 23.12.2010 to 22.12.2011. The claimant is not entitled to receive any compensation. It is further said that if the Court finds the claimant entitled, it is the Insurers who have to make good the compensation.

5. A separate written statement was filed on behalf of the Insurers. They have generally denied the claimant's case. It is asserted that the accident did not happen on account of the driver of the offending vehicle driving it negligently and at a high speed. It has been pleaded that the claimant has not suffered any permanent disability and is not entitled to claim compensation. It is also the Insurers' case that the amount of Rs. 10 lakhs claimed in compensation is excessive and exorbitant.

6. On the pleadings of parties, the Tribunal framed the following issues (translated into English from Hindi) :

"1. Whether on 26.09.2011 at about 5:30 p.m. on the culvert situate at the Banda-Baberu State Highway within the limits of Village Ahila, falling under Police Station Bisanda, District Banda, vehicle Marshal Max, bearing registration No. UP-90B/9067, driven by its driver Kalka Prasad at a high speed and negligently, struck Raghav Sharan, who was standing on the roadside, leading him to sustain grievous injuries?

2. Whethe