JUDGMENT :

1. The present appeal from order, which has been preferred by the Insurance Company, they are putting a challenge to the impugned award dated 23.112017, as it has been rendered by the learned Motor Accident Claims Tribunal/District Judge, Nainital in MACP No.116 of 2011, “Mohan Joshi Vs. Smt. Rajni Kapoor and others”, as a consequence of the culmination of the impugned award, an award of Rs.2,01,391/- has been awarded to the claimants, as a consequence of the injuries, which was suffered by him in an accident, which has chanced, on 12th April, 2010.

2. The brief facts of the case are that, it was the case of the claimants in their claim petition, that on the ill fated day i.e. 12th April, 2010, when he was moving around with his friend Mr. Ramesh Pandey, at Mangalparao, Haldwani, Nainital, and was about to reach near Mandi, he was walking by the left side of the road, when all of a sudden a vehicle i.e. Bus bearing Registration No.UP01 3608, which was alleged to have been driven negligently and rashly; by the Driver of the vehicle, had dashed against him, resulting into the grievous injuries, which was suffered by the claimant resulting into causing fracture in his rib c