- (1.) We have heard Mr. R.K. Paul, learned Counsel for the claimants-appellants at length at the time of admission. This appeal can be disposed of at this stage finally without issuing notices to the respondents.
(2.) This First Appeal from Order under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellants-claimants for enhancement of the compensation by modification of the judgment and award dated 22nd June, 2007, passed by the Motor Accident Claims Tribunal/Additional District Judge, 3rd, Kanpur Dehat in M.A.C. No. 192 of 2006. In brief the facts are that the deceased Suresh Babu, the husband of appellant-claimant No. 1 and father of appellants-claimant Nos. 2 to 5 accompanied by one Vijay Singh was going on a motorcycle on 23rd March, 2006 on Mugal Road near Mehrauli-Sihora bend, Kanpur Dehat. At about 7.30 p.m., the driver of Tanker No. M.P.06-E-1523 hit the motorcycle from behind resulting in the death of Suresh Babu. Respondents/Opposite party Nos. 1 and 2 are the owner and Insurance Company of tanker. Respondents/Opposite party Nos. 3 and 4 are the parents of the deceased.
(3.) The claimants-appellants filed claim petition No. 192 of 2006 against the respondents under Section 166 of the Motor Vehicles Act claiming compensation for the death of Suresh Babu. The parents of the deceased were also impleaded in the claim petition as Opposite party Nos. 3 and 4. The claim petition was contested by the owner of the vehicle and the Insurance Company. Issues were framed. The claimants examined Mamta Devi as P.W 1 and also examined Bhagwan Das, an eye-witness, as P.W.2. The respondent Nos. 1 and 2 did not lead any oral evidence before Tribunal. Both the parties filed documents.;