Harsh Kumar - (1.) The present first appeal from order has been filed against impugned judgment and award dated 13.1.2006 passed by M.A.C.T./Additional District Judge, Court No.2 Jaunpur (hereinafter referred as "Tribunal") in M.A.C.P. No.196 of 2004 awarding a compensation of Rs.1,00,000/- to claimants-appellants. Feeling aggrieved, claimants-appellants have preferred this appeal for enhancement of compensation.
(2.) The brief facts of the case are that claimants-appellants being widow, four children and a father of deceased filed M.A.C.P. No.196 of 2004 with averments that on 8.7.2004 at about 4:00 a.m. Bankey Lal was going from Adarsh Nagar to Railway Station Khusrobagh, Allahabad by his bicycle and Achchey Lal was sitting behind him and when they reached from Jogiveer Tiraha towards Railway Station, Allahabad, Truck No.MKA 1275 being driven rashly and negligently by it's driver dashed the bicycle of Bankey Lal, resulting in grievous injuries to pillion rider Achchey Lal, who died due to injuries sustained in accident and the truck driver was taken into custody at the spot.
(3.) It is also contended in petition that at the time of accident, offending truck was owned by Makkhan Lal and was being driven by a driver holding a valid driving license to drive offending truck and truck was duly insured with The New India Assurance Company.;