- (1.) Present appeal has been filed by the appellants-claimant, for the enhancement of the compensation, under Section 173 of Motor Vehicles Act, 1988 against the judgment and order dated 2.7.2010 passed by the Motor Accident Claims Tribunal. Faizabad, in Claim Petition No. 7 of 2010, where the compensation of Rs. 2,02,000 alongwith interest @ 6% per annum from the date of filing of the claim petition was awarded against the insurance company-opposite party No. 1.
(2.) Heard Sri Rajesh Pandey learned counsel for the appellants and Sri Anil Kumar Srivastava, learned counsel for the insurance company-opposite party No. 1. After hearing both the parties and on perusal of the record, it appears that on 21.12.2009, in the noon, the deceased Ram Chandra and Harish Chandra Gupta were going on a T.V.S. Motorcycle bearing number U.P. 42C/2487 from Faizabad to Rai Bareli. When they reached on highway, a truck bearing number U.P. 42C/3994 was coming from the opposite direction, whose driver was driving it carelessly, rashly and negligently and dashed the motorcycle which resulted serious injuries to them. Later, Sri Ram Chandar died. Being aggrieved, the claimants-appellant have filed the claim petition before the Tribunal, who after examining the entire evidence has awarded a total compensation of Rs. 2,02,000 alongwith the interest @ 6%, from the date of filing the claim petition before the Tribunal, against the insurance company-opposite party No. 1.
(3.) In the instant case, the accident is not in dispute. The liability lies with the truck as it was insured. On the date of accident the policy was alive. Both the drivers were holding valid driving licence. The only disputed point is regarding the compensation.;