RAJNISH KUMAR,J. - (1.) Heard, Shri Rajesh Pandey, learned counsel for the appellants and Shri Mahesh Kumar Yadav, Advocate holding brief of Shri Anil Kumar Srivastava, learned counsel for the respondents.
(2.) The instant appeal has been preferred by the appellants/ claimants for enhancing the compensation by modification of judgment and award dated 27.09.2010 passed by Motor Accident Claims Tribunal, Additional District Judge, Court No. 9, Faizabad (here-in-after referred to as 'Tribunal') in Claim petition No. 84 of 2010; Ram Bihari and Anr. versus I.C.I.C.I General Insurance Co. Ltd. and Anr. along with the interest at the present bank rate.
(3.) Brief facts of the case are that the son of the appellants/ claimants namely Santosh Kumar was coming from Maya Bazar to his home after giving the high school examination by his motorcycle having Registration No. UP32CF/8398 on 18.03.2010. As he reached village Mariyawa at about 11.00 A.M. under police station Maharajganj, District Faizabad, the driver of the truck having Registration No. UP42B/ 7507, driving rashly and negligently with a high speed coming from opposite direction, smashed the vehicle of Santosh Kumar. Santosh Kumar and the pillion rider his friend Mahendra Chauhan were seriously injured in the accident. They were taken to the Primary Health Centre, Maya Bazar for treatment where Santosh Kumar died during treatment. Consequently, the claim petition No. 84 of 2010 was filed claiming compensation to the tune of Rs. 7,36,000/- along with interest @ 12 percent. The respondent No. 1 i.e. the Insurance Company had filed its written statement. The respondent no. 2 had neither appeared before the Tribunal nor before this Court.;