ORDER

Heard on admission.

Admit.

With the consent of learned counsel for the parties, heard final arguments.

This Miscellaneous Appeal under Section 173(1) of the Motor Vehicles Act 1988 has been filed by the appellant/Insurance Company being aggrieved with the award dated 03/02/2022 passed by learned Motor Accident Claims Tribunal, Narsinghpur (M.P.) in Motor Accident Claim Case No.29/2020, whereby, the learned Tribunal has awarded a sum of Rs.34,65,344/- (Thirty four lakhs sixty five thousand three hundred forty four) with interest @ 6% from the date of filing of petition till the date of payment.

2. Brief facts of the case are that on 05/02/2020 deceased Jitendra Sen was going to Narsinghpur on a motorcycle and when he reached at Khamtara, Narsinghpur (NH-26), respondent No.5/non-applicant No.1 who was driving Maruti Car bearing registration No.MP-23-L-6969 rashly and negligently dashed the motorcycle of deceased, due to which he sustained head injury. Thereafter, deceased was brought to Government Hospital, Narsinghpur, where he died during treatment.

Thereafter, respondent Nos.1 to 4 / claimants filed a claim petition before the learned Tribunal, Narsinghpur aver