(1.) This is a claimant's appeal, arising out of the judgment and award passed by the Motor Accidents Claims Tribunal/Additional District Judge, Court No. 1, Allahabad dtd. 9/4/2009 in Claim Petition No. 638 of 2005, seeking enhancement of the compensation awarded.
(2.) The facts giving rise to this appeal, as set out in the claim petition, are :
(3.) Atmanand Singh is the owner of Dumper Truck No. UP 70 AT 1665. He is opposite party No. 1 to the claim petition and respondent No. 1 to this appeal. He shall hereinafter be referred to as 'the owner'. The New India Assurance Company Limited, Regional Office, 9th Floor, Indira Bhawan, Civil Lines, Prayagraj are the insurers of the offending dumper. They are arrayed as opposite party No. 2 to the claim petition and respondent No. 2 to this appeal. The aforesaid insurance company shall hereinafter be referred to as 'the Insurers'.