- (1.) RAJEEV Gupta, C. J. Mrs. Farida Siddique, Advocate for the appellants. None for respondents 1 and 2. Sri V. K. Kohli, Senior Counsel with Sri I. R Kohli, Advocate for respondent no. 3.
(2.) AS the learned counsel for the parties are prepared and willing to ar gue the appeal finally, they are heard. This is claimants' appeal for en hancement of the compensation awarded by Motor Accidents Claims Tri bunal/district Judge, Dehradun vide Award dated 02-09-2005 passed in Mo tor Accident Case No. 158 of 2004. The claimants had claimed com pensation of Rs. 28,25,000/- for the death of Ram Prasad Saini, husband of claimant no. 1 Smt. Babli, father of claimants 2 and 3 Vivek Kumar & Vinay Kumar and son of claimants 4 and 5 Sri Balbeer Singh Saini and Smt. Sumitra, in a motor accident on 16-07-2004 when his motor cycle bearing registration no. UA-09/1553 was dashed by the of fending vehicle- bus bearing registration no. UA 08/4201 resulting in serious in juries to him which ultimately led to his death. The claimants further pleaded that deceased Ram Prasad Saini was a private contractor and used to earn Rs 10,000/-per month.
(3.) THE owner and driver of the offend ing vehicle did not contest the claim and remained ex parte before the Tribunal. The insurer of the offending ve hicle- bus i. e. New India Assurance Company Ltd. contested the claim and pleaded that deceased himself was re sponsible for the accident and as such the Insurance Company was not liable to pay compensation to the claimants.;