Anant Kumar, J. - (1.) This First Appeal From Order has been filed under Section 173 of Motor Vehicles Act, 1988, against the award dated 09.12.2009, passed by Additional District Judge/Special Judge, Ayurved Ghotala Prakaran/Motor Accident Claims Tribunal, Lucknow in Claim Petition No.329 of 2005 : Smt. Kokila and another Vs. Ajay Kumar Singh and another.
(2.) In this appeal, a prayer for enhancement of compensation has been made by the appellants, who were claimants before the Motor Accident Claims Tribunal.
(3.) Brief facts relevant for disposal of this appeal are that claimants Smt. Kokila and Rajesh Kashyap are the mother and father of the deceased Sonu Kashyap, who was about 20 years of age at the time of accident. Claimants had filed a claim petition before the Motor Accident Claims Tribunal, Lucknow with the assertion that on 14.07.2005, deceased Sonu Kashyap, who was aged about 20 years, was sitting in a Tempo bearing Registration No. UP 32 Z 4666 and was going towards Semramau, Police Station Mall, District Lucknow. While traveling in the said Tempo, near Village Kakrabad, Police Station Mall, Lucknow the driver of the Tempo lost control over the vehicle, due to which the Tempo turned turtle, in which Sonu Kashyap sustained grievous injuries and due to the said injuries he died on the spot. Post Mortom of the deceased was conducted at King George's Medical College, Lucknow. It was further stated in the claim petition that the occupation of the deceased was driving. He was a self employed person and his monthly income was Rs.7500/- per month. The vehicle was owned by one Ajay Kumar Singh. At the relevant time, vehicle was insured with the United India Insurance Company Ltd., Ashok Marg, Lucknow.;