- (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Banswara ('the Tribunal').
(2.) THE facts in brief are that one Bagdi Ram was travelling in Bus No. RRY-1011 and when the bus reached near Mahi Bridge, Drilling Truck No.RJB-5019 driven by Lal Singh and belonging to the respondent No.2 ­ Department being driven rashly and negligently collided with the bus, resulted in injuries to the bus passengers. Bagdi Ram suffered grievous injuries and succumbed to the said injuries during treatment. For the death of Bagdi Ram, the claimants claimed a compensation of Rs.19,00,000/-. It was claimed that the deceased was aged 27 years and employed with Banswara Syntex Limited and used to do cycle repairing work in extra time and was earning Rs.2,000/-. The application was opposed by the respondents by filing reply and the averments made in the claim petition were denied.
(3.) AFTER evidence was led by the parties, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by the driver-respondent No.1, which resulted in injuries to Bagdi Ram, to which he succumbed.;