(1.) This first appeal has arisen out of judgment and award dated 16.7.1997 passed by Shri A.K. Jain, the then Vth Additional District Judge, Bulandshahr, in M.A.C.P. No. 217 of 1993 Smt. Vinesh Kumari and Ors. v. Rajendra Kumar and Ors. wherein the above claim petition has been allowed to the extent of Rs. 25,000/- only alongwith interest at the rate of 12 % per annum from the date of presentation of the claim petition till its realisation. The opposite parties No. 3 to 5 have been held jointly and severally liable to pay the award amount of compensation.
(2.) A perusal of record would go to show that the claimant Smt. Vinesh Kumari and four others moved claim petition No. 217 of 1993 against the opposite parties under Section 166 of Motor Vehicles Act, 1988 for compensation of Rs. 14,10,000/- with this allegation that on 21.6.1993 Narendra Kumar was on official duty of Life Insurance Corporation of India and after audit and inspection he was coming by his Fiat Car No. UAC. 7733 from Khurja to Bulandshahr and when the car reached near village Bhalauli on the highway, it collided with parked Truck No. U.M.O. 9543 at 9.30 P.M. as it was very dark and there was no parking light or indicator on the parked truck in question to show its presence on the road at the time of accident. The driver of Fiat Car No. UAC. 7733 could not notice the said parked truck and the accident took place in which Narendra Kumar succumbed to his injuries sustained therein. The accident took place due to negligence of driver of Truck No. U.M.O. 9543, who parked the said truck on highway without any indication or parking light. The postmortem examination of dead body of deceased Narendra Kuamr was conducted by the doctor of District Hospital, Bulandshahr, on 22.6.1993. The age of the deceased was 38 years at the time of accident and he was drawing about Rs. 5,800/- per month as salary and all the claimants were dependents on the income of deceased. The claimants claimed Rs. 14,10,000/- as compensation along with interest on account of death of Narendra Kuamr in this accident.
(3.) The opposite party No. 2 National Insurance Company in its written statement denied the accident and alleged that no such accident took place, and if any accident had occurred that was due to negligence of driver, who was driving the above car involved therein.