FIRST APPEAL FROM ORDER No. 172 of 2017 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL FROM ORDER No. - 172 of 2017 National Insurance Co.Ltd. Thru. Regional Office .....Appellant(s) Versus Smt. Mithlesh Singh And 2 Others .....Respondent(s) Counsel for Appellant(s) : Surendra Pal Singh Counsel for Respondent(s) : J.P. Singh Chauhan, Ravendra Prasad Misra Court No. - 20 HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the parties and perused the record. 2. The instant appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988 against the judgment dated 22.12.2016 and award dated 03.01.2017 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.4, Lucknow in C.P. No.74/2013, whereby compensation of Rs.79,066/- along with interest has been awarded in favour of the claimants-respondents. 3. The brief facts of the case are that on 10.05.2012 at about 3:15 PM, a tempo (Vikram) bearing registration no. UP 32 CN 1082 was being driven in a rash and negligent manner. Due to such rash driving, the vehicle lost control, struck the divider, and overturned, as a result of which the claimant sustained serious injuries, including fractures in her right hand. The driver left