AJAY KUMAR MITTAL,J - (1.) THIS is claimants' appeal for enhancement is of the compensation awarded by the Motor Accident Claims Tribunal, Chandigarh, vide award dated 19.5.1988.
(2.) THE claimant-appellants are the parents of Ram Dhan who died on 3.5.1987 due to injuries received by him in the vehicular accident which occurred between the bicycle on which he was riding at the relevant time and a Maruti Van bearing registration No. DBB-975, driven by Molu Ram respondent No. 2. It was averred in the claim petition that the deceased was aged 20 years and was working as a Labourer at different places. By doing such jobs he was alleged to have been earning a sum of Rs. 800/- per month. It was further averred that the claimant-appellants were fully dependent on their son, Ram Dhan, and they had no other source of income for their survival. They claimed compensation to the tune of Rs. two lacs. The record depicts that only the respondent-Insurance Company came forward to resist the claim. It was admitted that the Maruti Van was insured with the respondent-Insurance Company. It was pleaded that the claim was highly exaggerated and there was no valid driving licence with the driver and registration certificate of the Maruti Van in question. It was also pleaded that the liability of the Insurance Company was restricted in terms of the policy only.
(3.) THE Motor Accident Claims Tribunal, Chandigarh (in short "the Tribunal") framed the following issues :- 1. Whether Ram Dhan died as a result of rash and negligent driving of Maruti Car No. 088-975 by respondent No. 2 on 1.5.1987 as alleged ? OPP 2. Whether the claimants are entitled to any compensation ? If so, to what amount and from whom ? OPP 3. Whether the liability of the Insurance Company is restricted as per terms of the policy ? 4. Relief. ;