Jitendra Chauhan, J. - (1.) This is claimants' appeal seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Ambala, ('the Tribunal', for brevity) vide impugned award dated 06.10.1998.
(2.) The learned counsel for the appellants contends that it is a case of composite negligence, therefore, the learned Tribunal erred in holding respondent No.2, liable to satisfy the award only to the extent of 75%. It is further argued that nothing has been awarded towards the future prospects of the deceased. The deduction to the extent of ⅓ is also on the higher side. The amount of compensation under the conventional heads is also inadequate.
(3.) On the other hand, the learned counsel for the respondent-Insurance Company submits that it is the claimants' own case that the driver of the car was rash and negligent. The particulars of the car were also available with them but for the reasons best known to the claimants, they failed to implead the driver/owner/insurer of the said car, as respondents. It is further argued that the amount of compensation awarded is just and appropriate and does not call for any interference.;