Hon’ble Prashant Kumar, J.—The present appeal filed by the claimants under Section 173 of Motor Vehicles Act, 1988 is directed against the part of the judgment and award dated 19.9.2011 and 19.11.2011 respectively passed by Motor Accident Claim Tribunal/Special Judge, S.C./S.T. Act, Kanpur Nagar in MACP No. 204 of 2010 whereby the learned Tribunal assessed the compensation to the tune of Rs. 16,39,320/-. The appellants further prayed for enhancement of compensation amount, as claimed in the claim petition.

2. It is stated that the deceased namely Dr. Gyanendra Kumar Singh was travelling in a Maruti WagonR car bearing registration number U.P. 78 BS 0375 on 11.1.2010 and was coming from Fatehpur to Kanpur. It is further stated that when the vehicle of the deceased reached in between Narwal turn to Maharajpur a DCM truck bearing registration number U.P. 78 N 3907 came from the back side, being driven by its driver in rash and negligent manner, and dashed with the Maruti WagonR car. It is stated that due to that deceased received serious injuries and died on the spot. It is further stated that in the said accident other two co-passengers namely Dr. Devendra and his wife also received injuries. It is stated that after the accident the driver of the offending vehicle fled away with the vehicle. Thereafter an information lodged in the police station regarding the accident.

3. It is stated that at the time of accident deceased was working as Animal Medical Officer under the U.P. Pashupalan Department and was earning Rs. 43,183/- per month. It is further stated that at the time of accident the deceased was aged about 47 years. It is further submitted that due to untimely death of the deceased the claimants had suffered huge financial loss, physical pain and mental agony. Thus they filed application under Section 166 of the Motor Vehicles Act for compensation to the tune of Rs. 63,50,000/- with 9 % interest.

4. It appears that the owner of the offending vehicle and insurance company had contested the claim application by filing written statement. The following issues were framed on the basis of pleadings of the parties :

I. Whether on 11.1.2010 at about 3:20 p.m. between Narwal Turn and Maharajpur, within P.S. Maharajpur, Kanpur Nagar, when the deceased was travelling in WagonR No. U.P. 78 TS 0375 and was coming from Fatehpur to Kanpur then DCM Truck No. U.P. 78 N 3907 being driven by its driver rashly and negligently hit the WagonR Car and as a result the deceased Gyanendra Kumar Singh died?

II. Whether the driver of DCM Truck No. U.P. 78 N 3907 was not having a valid and effective driving licence at the time of accident? If so, its effect?

III. Whether the DCM Truck No. U.P. 78 N 3907 was not validly insured at the time of accident? If so, its effect?

IV. Whether the claimants are entitled for any compensation? If so, its amount and from whom?

The claimants produced three witnesses in support of their case. They also filed various documentary evidence, details of which given in the impugned judgment. It further appears that though opposite party Nos. 1 and 2 had not given any oral evidence, but they adduced documentary evidence in support of their case.

5. It appears that after hearing the arguments of learned counsel for the parties, the learned Tribunal came to the conclusion that the accident took place due to rash and negligent driving of DCM truck, bearing registration No. U.P. 78 N 3907 and in the said accident the deceased Dr. Gyanendra Kumar Singh had received serious injuries, due to that he died. The Tribunal further came to the conclusion that at the time of accident the offending vehicle was insured with the United India Insurance Company Ltd., and the policy was valid on the date of accident. The Tribunal also found that at the relevant time all the papers relating to offending vehicle i.e. driving licence of