(1.) BY consent of the parties the appeal is heard on informal papers in the place and instead of formal paper books.
(2.) THIS appeal has been preferred by the appellant-insurance company from the judgment and order dated 5th April, 2005 passed by the concerned Motor Accident Claims Tribunal Jhansi giving an award of Rs. 1,60,000/-alongwith interest @ 6% per annum to the claimants on account of death of the deceased in a road accident.
(3.) THE fact remains that when the deceased was going by a scooter it was hit by a bus from behind. The bus was running rashly and negligently. The bus was insured under the appellant-insurance company. The deceased was about 52 years old at the time of his death. He was unmarried. He was earning Rs. 400/-per month from agriculture. The claim petition was made under sections 163-A as well as 166 of the Motor Vehicles Act, 1988 (hereinafter called as the 'act') by the claimants, i. e. the brothers of the deceased, claimed compensation for a sum of Rs. 14,20,000/- alongwith interest.