RAMESHWAR VYAS,J. - (1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') for enhancement of compensation has been filed by mother of the deceased - Tushar Bohra, against the award dated 19.03.2007, passed by the Motor Accident Claims Tribunal No.1, Jodhpur (for short 'Tribunal') in MAC No.57/2005, whereby, the Tribunal has awarded a sum of Rs. 3,07,000/- alongwith interest @ 6% per annum from the date of filing claim petition i.e. 18.01.2006.
(2.) Relevant facts of the case are that on 08.06.2005 deceased Tushar Bohra died in a road accident caused by a Truck bearing registration No. RJ10-G-0545, driven by Ram Karan - respondent No. 1 herein in a rash and negligent manner. A claim petition under Section 166 of the Act of 1988 had been filed by mother of the deceased with the averments that deceased was aged 23 years at the time of accident; he was student of third year studying in Sobhasaria Engineering College, Sikar in Electronics and Communication stream; the Truck involved in the accident was insured with National Insurance Company Ltd. - respondent No. 3 for the period from 19.05.2005 to 18.05.2006; deceased was a brilliant student right from his school career; the applicant is widow of late Surendra Kumar Bohra (Jain). The claimant prayed for awarding a sum of Rs. 1,35,28,000/- as compensation.
(3.) The Insurance Company - respondent No. 3 filed a reply to the claim petition disputing the negligence of Truck driver; the owner of the Truck did not file any reply to the claim petition filed by the claimant.;