JUDGMENT :

1. Heard Sri Anubhav Sinha, learned counsel for the appellant. None is present for the respondent.

2. This appeal, at the behest of M/s United India Insurance Company Limited challenges the judgment and award dated 31.5.1996 passed by VIth Additional District Judge/ Motor Accident Claims Tribunal, Etah in Claim Petition No.252 of 1995 whereby the learned Tribunal has awarded Rs.1,72,800/- as compensation with interest at the rate of 10% per annum with a direction upon the appellant herein to pay the above.

3. Be that as it may, as 27 years have elapsed, this Court deems it fit to decide this appeal where the Court had granted stay vide order dated 4.3.1997.

4. Brief facts as culled out from the record are that the respondent-injured Suresh Kumar along with one another person namely Jasveer Singh were traveling in the truck owned by respondent No.2 on the fateful day i.e. 27/28.7.1995. At about 3.00 a.m. in the morning, they were going to Ghaziabad after loading the goods in Tata 407 No. HR29A/9974 from Kashganj. The vehicle was driven by one Chhote Singh who drove the vehicle rashly and negligently. When the vehicle reached near Bulandshahr, at Sikadrabad-Delhi Road, the Tat