SNEH PRASHAR,J. - (1.) The present appeaRs.has been filed by the claimants-appellants seeking enhancement of the compensation awarded by learned Motor Accident Claims Tribunal, Jagadhri (for short 'the Tribunal') vide award dated 7.1.2000 on account of death of Vijay Kumar Dabra, husband of appellant No.1, father of appellants no.2 to 4 and son of appellant No.5, in a motor vehicular accident that took place on 26.2.1998.
(2.) The submissions made by Mr. RahuRs.Pathania, Advocate representing the appellants and Mrs.Vandana Malohtra, Advocate for respondent No.3 have been heard and record perused.
(3.) Learned counseRs.for the appellants-claimants argued that the learned TribunaRs.has erred in holding composite negligence on part of driver (deceased Vijay Kumar) of the scooter and driver of truck bearing registration No.HR-02A-8790 (hereinafter referred to as 'the offending truck') in the ratio of 25:75 in causing the accident. The offending truck was allegedly parked without putting on its parking lights or any other indication on the road when the scooter of the deceased struck into the same. Since there was nothing to show existence of the stationary offending truck on the road the scooterist (deceased) was unable to see the truck and his vehicle rammed into the same. The facts clearly prove that negligent parking of the truck on the road was solely responsible for causing the accident.;