- (1.) The present appeal filed by the claimants under Section 173 of Motor Vehicles Act, 1988 is directed against the part of the judgment and award dated 19.09.2011 and 19.11.2011 respectively passed by Motor Accident Claim Tribunal/Special Judge, S.C./S.T. Act, Kanpur Nagar in MACP No. 204 of 2010 whereby the learned Tribunal assessed the compensation to the tune of Rs. 16,39,320/-. The appellants further prayed for enhancement of compensation amount, as claimed in the claim petition.
(2.) It is stated that the deceased namely Dr. Gyanendra Kumar Singh was travelling in a Maruti WagonR car bearing registration number U.P. 78 BS 0375 on 11.01.2010 and was coming from Fatehpur to Kanpur. It is further stated that when the vehicle of the deceased reached in between Narwal turn to Maharajpur a DCM truck bearing registration number U.P. 78 N 3907 came from the back side, being driven by its driver in rash and negligent manner, and dashed with the Maruti WagonR car. It is stated that due to that deceased received serious injuries and died on the spot. It is further stated that in the said accident other two co-passengers namely Dr. Devendra and his wife also received injuries. It is stated that after the accident the driver of the offending vehicle fled away with the vehicle. Thereafter an information lodged in the police station regarding the accident.
(3.) It is stated that at the time of accident deceased was working as Animal Medical Officer under the U.P. Pashupalan Department and was earning Rs. 43,183/- per month. It is further stated that at the time of accident the deceased was aged about 47 years. It is further submitted that due to untimely death of the deceased the claimants had suffered huge financial loss, physical pain and mental agony. Thus they filed application under Section 166 of the Motor Vehicles Act for compensation to the tune of Rs. 63,50,000/- with 9 % interest.;