JUDGMENT

Jaspreet Singh, J.

Heard Shri Zafar Aziz, learned counsel for the appellant and Shri Ravindra Pratap Singh, learned counsel for the claimants-respondents No.1 and 2. None appeared for the respondents No.3 and 4, who are the owner and the driver of the vehicle concerned despite service on the respondents No.3 and 4 being sufficient as per the office report dated 25.05.2022.

2. The instant appeal has been preferred by the Insurance Company under section 173 of the MOTOR VEHICLES ACT , 1988 assailing the award dated 31.03.2021 passed by the Motor Accident Claims Tribunal, Barabanki in Claim Petition No.227/2016, whereby in an injury case, a sum of Rs.14,24,800/- along with 6% interest has been awarded in favour of the claimants-respondents No.1 and 2.

3. Briefly, the facts giving rise to the instant appeal are being noticed hereinafter.

4. The respondent No.1 instituted a petition under section 166 of the MOTOR VEHICLES ACT , 1988 seeking compensation to the tune of Rs.17,35,200/- on account of injuries sustained by him in a motor accident which occurred on 12.12.2015. The claim was registered as Claim Petition No.227/2016 and it was alleged by the claimant-respondent No.1 that the claimant was a pillion rider of Motorcycle No.UP-41-L-6270, which was being driven by Ram Suresh, who is the respondent No.4.

5. At around 07:00 AM in the morning while the respondent No.1 was carrying tomatoes to be sold in the market and was on his way along with the respondent No.4 at that time a pick-up Truck bearing No.UP-41-AT- 2316 which was being driven rashly and negligently hit the motorcycle from a front, as a result, the claimant-respondent No.1 suffered grievous injuries. At the time of the accident, the claimant was about 34 years of age and was working as a labour/engaged in farming work and was able to earn a sum of Rs.6,000/- per month.

6. An FIR was also lodged against the offending pick-up truck and the said pick-up truck was insured with the appellant-Company. On account of the injuries sustained by the claimant, he had to undergo treatment, as a result his right leg below the knee had to be amputated. This made the respondent No.1 severely handicapped both in terms of disability as well as functional disability and for the aforesaid reasons, the claim petition was filed seeking compensation.

7. The owner and the driver of the pick-up truck filed their separate written statements and contested the claim while the Insurance Company also filed its separate written statement and it was denied that the accident was caused by rash and negligent driving of the pick-up truck and further that no major injury has been sustained by the claimant-respondent No.1 and the amount claimed was exaggerated.

8. Upon the exchange of the pleadings, the Tribunal framed seven issues and after considering the evidence on record, it came to the conclusion that the accident had occurred on account of rash and negligent driving of the pick-up truck. The pick-up truck was found to be duly insured and the truck driver also possessed a valid and subsisting driving licence. While computing the compensation, the Tribunal has awarded a sum of Rs.14,24,800/- as compensation along with 6% interest by means of its award dated 31.03.2021. It is this award, which is under challenge before this Court.

9. Shri Zafar Aziz, learned counsel for the appellant-Company has attacked the impugned award dated 31.03.2021 on two counts.

(i) It is submitted that the record would indicate that it was a case of cont