- (1.) Heard Sri Rajneesh Tripathi, learned counsel for the appellants and perused the material on record.
(2.) This First Appeal From Order is preferred by the claimants against the judgment and order dated 06.04.2013 passed by Motor Accident Claims Tribunal/Special Judge (U.P. Dacoity Affected Areas Act), Mainpuri in Motor Accident Claim Petition No. 233 of 2011 awarding a sum of Rs. 94,500/ - alongwith 7% simple interest per annum payable by the Insurance Company for enhancement of the compensation awarded by the Tribunal.
(3.) The brief facts of the case as per claimants' version are that on 09.04.2011 at about 09.30 p.m. (night), Canter Truck No. UP - 83L/9911 was being run rashly and negligently by the driver while the truck reached near Baba Dhaba, Manikpur crossing at G.T.Road, Etawah the truck was overturned on account of negligent driving of the driver and the deceased Satendra Kumar being cleaner, was sitting in the truck had sustained serious/fatal injuries and thereafter he was taken to the Saifai Hospital where the deceased succumbed to the injuries. The deceased at the time of incident was a young and unmarried person aged about 19 years having healthy sound. He was earning Rs. 5000/ - per month and his family members were dependant upon the same earning.Thus the claimants claimed Rs. 11,08,000/ - as compensation. The Tribunal framed as many as four issues and after considering all materials, oral as well as documentary, awarded Rs. 94,500/ - alongwith 7% simple interest per annum payable by the Insurer.;