SAURABH LAVANIA,J. - (1.) Heard Sri Mukesh Singh, learned counsel for the claimants/appellants and Sri Inder Preet Singh Chadha, learned counsel for the respondents.
(2.) In both the above noted appeals, the judgment and award dated 24.12.2015, passed by the Motor Accidents Claims Tribunal (in short 'Tribunal')/Additional District Judge, Court No. 8, District- Faizabad in Claim Petition No. 71 of 2015 [Uday Pratap Singh And Ors. v. The New India Insurance Co. Ltd. and others] has been challenged. Appeal i.e. FAFO No. 254 of 2016 [Uday Pratap Singh And Ors. v. The New India Insurance Co. Ltd. and others] has been filed for enhancement of compensation and modification of the judgment and award dated 24.12.2015. The appeal i.e. FAFO No. 293 of 2016 [The New India Insurance Co. Ltd. v. Uday Pratap Singh And Ors.] has been filed with a prayer to set-aside the judgment and award dated 24.12.2015, passed by the Tribunal.
(3.) The undisputed facts of the case are that on 16.12.2014, the husband of the appellant No. 3 namely late Vijay Kumar Singh was travelling on the Car bearing Registration No. UP 42-R/2049 and at about 9:50 A.M., the said Car met with an accident at National Highway near Chandpur Saidi Patti with the vehicle bearing Registration No. UP 70-CQ/5758. On account of accident, the husband of the appellant No. 3 received serious injuries and was hospitalized in District Hospital, Sultanpur, wherein on account of injuries sustained in the accident in issue, he succumbed. Thereafter, the Claim Petition No. 71 of 2015 was filed before the Tribunal. The claim petition was filed by the legal heirs of the deceased i.e. father (Uday Pratap Singh), mother (Shanti Singh) and wife (Shweta Singh), who are appellants Nos. 1, 2 and 3, respectively, in FAFO No. 254 of 2016.;