REKHA TIWARI Vs. SUHAIL AHMAD

JUDGEMENT

(1.) Present appeal has been filed by the appellant-claimant, for the enhancement of the compensation, under Section 173 of the Motor Vehicles Act, 1988, against the judgment and order dated 31st May, 2011, passed by the Motor Accident Claims Tribunal, Faizabad, in Claim Petition No. 127 of 2010. The brief facts of the case are that on 12th January, 2009, at about 10.00 p.m., the deceased Sri Dharampal @ Annu Tiwari was going on a motorcycle bearing number U.P. 32 CL/3353. He was a pillion rider. When they reached near Faizabad Highway, the driver could not visualize the divider and the motorcycle hit it. Sri Dharampal has fallen down which resulted his death. The motorcycle was insured with the opposite party No. 3 i.e. National Insurance Company Ltd. On the date of accident, the policy was alive. The claimant-appellants have filed a claim petition before the Tribunal, who after examining the entire evidence has awarded a total compensation of Rs. 2,63,000 along with the interest @ 6% against the Insurance Company-opposite party No. 3. Not being satisfied, the appellant-claimants have filed the present appeal.

(2.) Heard Mr. Rajendra Jaiswal, learned Counsel for the appellants and Mrs. Alka Verma, learned Counsel for the Insurance Company.

(3.) After hearing both the parties and on perusal of the record, it appears that the accident is undisputed. The Tribunal has awarded compensation against the Insurance Company.