- (1.) HEARD learned counsel for the appellant and learned counsel appearing for the respondent No.3.
(2.) BY order dated 18.8.2008 notices were only issued to respondent No.3 Insurance company as the liability of the Insurance Company was not in dispute. With the consent of learned counsel for the parties, the appeal is finally heard. This appeal for enhancement is directed against the judgment and award dated 10.12.2007 passed by the Motor Accident Claims Tribunal, Jaipur ('the Tribunal'), whereby for the death of one Vikas Aichera, the Tribunal has awarded a sum of Rs. 4,25,000/ as compensation alongwith interest @ 6% p.a. from the date of filing the application i.e. 17.2.2005. The brief facts may be noticed thus : the appellants Smt. Vimla Devi, Dayaram and Kumari Manju parents/sister of one Vikas Aichera filed an application for compensation ('application')before the Tribunal with the averments that on 18.10.2004 the said Vikas, who was aged about 21 years, was travelling on the motor cycle RJ 18 2M 6916 from Malviya Nagar to Mahatma Gandhi Hospital, Jaipur when a truck bearing registration No. RJ 02 G 1118 struck the motor cycle on the wrong side of the road resulting in grievous injuries to Vikas, who was taken to hospital, where during treatment he succumbed to the injuries. It was claimed that the truck driver was driving the truck rashly and negligently, which resulted in untimely death of Vikas. The claimants claimed a sum of Rs. 1,51,98,000/ as compensation. The respondent No.3 was impleaded as insurer of the said truck.
(3.) A reply was filed by the insurer disputing the averments made in the claim petition.;