ARUN TANDON,J.HARSH UMAR,J. - (1.) This first appeal from order under Section 173 of the Motor Vehicles Act has been filed on behalf of the claimants against the judgment and award of Motor Vehicle Claims Tribunal, Kanpur Nagar dated 28.2.2013 passed in Motor Accident Claim Petition No. 468 of 2009.
(2.) Facts in short leading to the present appeal are as follows: Alok Shankar Shukla is stated to be returning home at around 8:00 P.M. on a motorcycle. When he reached Sadal Baba Dargah, Pune, Maharashtra, he was hit from behind by a truck bearing registration no. M.H. 14 -V -4651 which was being driven rashly and negligently. Alok Shankar Shukla suffered serious injuries and while being taken to the hospital, he expired. With reference to the said accident, the widow and the parents of the deceased filed a petition under Section 166 of the Motor Vehicles Act, which was registered as MACP No. 468 of 2009. The claim was contested by the owners of the vehicle as well as by the Insurance Company.
(3.) The award is challenged by the claimant who seeks enhancement of compensation. After exchange of pleadings, the Tribunal framed five issues for determination as follows: **1& D;k fnukad 09 -03 -2009 dks le; 8 -00 cts jkf= lkny ckck njxkg ds ikl okgu Vªd la0 ,e -,p -14&oh&4651 ds pkyd us okgu dks rsth o ykijokgh ls pykrs gq, e'rd vkyksd 'kadj 'kqDyk dh eksVj lkbfdy la0 ,e -,p - 12Mh0vkj0@2898 esa ihNs ls VDdj ekj nh ftlls e'rd dks pksVsa vk;hA QyLo:i mldh e'R;q gks xbZ gS\ 2& D;k dfFkr nq?kZVuk eksVj lkbfdy la0 ,e -,p12Mhvkj@2898 ds pkyd@ e'rd dh ;ksxnk;h mis{kk ds dkj.k ?kfVr gqbZ\ 3& D;k nq?kZVuk ds le; okgu Vªd la0 ,e -,p -14&oh&4651 chfer Fkk\;