Rakesh Tiwari and Karuna Nand Bajpayee, JJ. - (1.) Heard learned counsel for the appellants and perused the record. This appeal by claimant-appellants challenges the impugned award dated 28th February, 2013 passed by the Motor Accident Claim Tribunal/Additional Sessions Judge, Court No. 5, Gorkahpur in Claim Petition No. 333 of 2008, Babu Lal v. Sameet Kumar Singh and others . By the impugned award the tribunal has awarded compensation to the tune of Rs. 43,900/- along with interest of 7% per annum to be paid by defendant-respondent No. 2 within a period of 30 days from the date of filing of claim petition i.e. on 9th July, 2008 till the date of payment.
(2.) The appellants have assailed the aforesaid award for enhancement of compensation of Rs. 12,37,100/- i.e. differences between the amount claimed and the amount awarded given along with interest at present market rate as claimed in the application on the ground that the learned Tribunal has recorded finding against the facts and law and it is wholly vague and against the evidence on record and as such it is not justified.
(3.) Learned counsel for the appellants has argued that the husband of the claimant-appellant had sustained serious injuries due to incident on 11th May, 2008 at about 8.30 A.M., as a result of rashly and negligently driving of the vehicle No. U.P. 53 T 7126 by defendant No. 1. It is stated that the Tribunal has failed to consider material aspect of the case: that the injured was admitted in District Hospital, Gorakhpur for treatment in which huge amount has been spent and; that the tribunal has also committed error in calculating the earning of the appellant at the rate of Rs. 6,000/- per month from business of the animal and agriculture as claimed as well as the factum of mental agony.;