Court No. - 5

Case :- FIRST APPEAL FROM ORDER No. - 687 of 2021

Appellant :- United India Insurance Company Ltd

Respondent :- Roli Tiwari And 9 Others

Counsel for Appellant :- Shreesh Srivastava

Counsel for Respondent :- Sanjay Rajpoot,Pranjal Mehrotra

Hon'ble Saral Srivastava,J.

Heard learned counsel for the appellants and learned counsel

for the respondents.

The appellant by means of the present appeal, has assailed the

award dated 24.03.2021 passed by the Motor Accident Claims

Tribunal, Pilibhit in M.A.C.P. No.83 of 2017, whereby the

Tribunal has awarded Rs.10,40,000/- as compensation to the

claimants/respondents along with 7% simple interest.

Challenging the award, learned counsel for the appellant has

contended that it is case of head on collision between the two

vehicles, namely, Tata Magic No.UP26T/2361 and Truck

No.UP30A/2298. It is contended that the FIR was lodged

against the driver of the Tata Magic and charge sheet was also

filed against driver of the Tata Magic, yet the Tribunal without

appreciating the correct facts on record, held the negligence of

the driver of the Truck No.UP30A/2298 in the accident and

fastened liability upon the Insurance