AMOL RATTAN SINGH, J. - (1.) This is an appeal filed by the claimants before the Motor Accidents Claims Tribunal, Amritsar, seeking enhancement of the compensation awarded by the Tribunal to them on account of the death of Sanjeev Mahajan, who unfortunately died in a motor vehicle accident on 24.12.2005. The deceased was the husband of the first appellant and the father of appellants No. 2 and 3, who were aged 8 and 11 years respectively, at the time of the filing of the claim petition, on 07.06.2006.
(2.) The facts, taken from the award of the Tribunal, are that Sanjeev Mahajan, aged 35 years, was travelling along with his wife, i.e. appellant-claimant No. 1, and others, in car bearing registration No. PB-02-Z-3637, from Amritsar to Jammu on 24.12.2005. Another couple, Satish Mahajan and Sunita Mahajan, are stated to have been travelling in a separate car behind Sanjeev Mahajan and Reeta Mahajan, as all of them were going to attend the kirya ceremony of Saneev Mahajans' maternal grand-mother. At about 2:00 p.m. the cars are stated to have reached near a 'Dargah', ahead of Adda Mudhal, when another vehicle, bearing registration No. PB-01-4773, driven by respondent No. 2, allegedly in a rash and negligent manner, came and struck against the car of Saneev Mahajan. All the occupants of the car are stated to have received injuries and were being taken to hospital by Satish Mahajan, but Sanjeev Mahajan is stated to have succumbed to his injuries on the way itself, and consequently, was taken to his residence. (It needs to be mentioned here that the vehicle bearing registration No. PB-01-4773 has been described through out the Award simply as 'a vehicle', without any particulars of the kind of vehicle that it was). FIR No. 247, dated 25.12.2005, is also stated to have been lodged at Police Sation Majitha, by Satish Mahajan.
(3.) The claim petition was thereafter filed under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 40,00,000/- . The deceased is stated to have been a businessman, 35 years of age, earning Rs. 35,000/- per month.;