- (1.) Heard Mr. Mukesh Singh, learned Counsel for the appellants-claimants and Mr. Dinesh Singh, learned Counsel for the respondent-Insurance Company.
(2.) This is an appeal for enhancement filed by the claimants challenging the award dated 8.4.2015 passed in M.A.C.P. Case No. 23 of 2014 : Smt. Rani and others Vs. Shriram General Insurance Co. Ltd. and others) by the Special Judge, E.C. Act/Motor Accidents Claims Tribunal, Faizabad (hereinafter referred to as 'the Tribunal') on the ground of insufficiency of compensation awarded to them; on account of death of Kamlesh Maurya.
(3.) The facts of the case, as mentioned in the award of the Tribunal, are that on 31.12.2013, at 11.00 AM, while Kamlesh Maurya was standing at the edge of the road near Dhabhasemar (Sultanpur-Faizabad Highway), situated at Big Canal, Police Station Purakalandar, district Faizabad for picking up vehicle to go to Faizabad, driver of a three wheeler vehicle, bearing registration No. U.P.42-T/6513, came from Masaudha, while driving it rashly and negligently, ride over Kamlesh Maurya, as a consequence thereof, Kamlesh Maurya sustained grievous injuries. Immediately thereafter, Kamlesh Maurya was taken away to District Hospital, Faizabad for treatment from where he was referred to Medical College, Lucknow. Thereafter, Kamelsh Maurya was admitted at Trauma Centre, Medical College, Lucknow, but on the next day i.e. on 1.1.2014, as the bed was not vacant in the Trauma Centre, therefore, Kamlesh Maurya was referred to Balrampur Hospital, Lucknow, where he was admitted till 2.1.2014 and on 2.1.2014, he died during the treatment.;