J.K. Ranka, J. - (1.) THE instant civil misc. appeal has been filed by the claimant -appellant under section 173 of the Motor Vehicles Act, 1988, for enhancement of the impugned award dated 21.11.1998 passed by the MACT, Kotputli, District Jaipur, in claim case No. 253/95, whereby the claimant -appellants have been awarded compensation of Rs. 1,65,000.
(2.) THE brief facts emerging on the face of the record are that a claim petition was filed before the Tribunal u/s. 166/140 of the M.V. Act in 1995 against Insurance Company (non -petitioner No. 1), driver Shravan Kumar (non -petitioner No. 2) and the owner of the truck Salim Ahmed (non -petitioner No. 3) alleging therein that a claim of Rs. 28,23,000/ - as compensation on account of road accident on different heads, in which the only son of Joharilal, Dinesh alias Ramanand died. It is alleged in the claim petition that on 01.06.1995, at around 3pm, the driver of the truck, bearing number RJ14 G -0854, Shravan Kumar was driving the truck in a rash and negligent manner and in the wrong side came from the direction of Behror, hit Dinesh alias Ramanand, Kalu, Ramswaroop and Sanju, as a result of which Dinesh alias Ramanand died on the spot and other persons also sustained injuries. On hearing the parties, the Tribunal framed the following issues: "1. Whether on the said date, the said vehicle was being carelessly driven by non -petitioner No. 2, resulting in the death of Dinesh (alias Ramanand) and injury to Kalu, Ramswaroop and Sanju? 2. Whether non -petitioner No. 2 was employed by non -petitioner No. 3 and the accident occurred in the course of employment? 3. Whether the claimants were entitled to receive compensation from the non -petitioners and if yes, how much is the quantum of the compensation that each of the claimants must be paid?
(3.) WHETHER the non -petitioners are not liable to pay any compensation in the light of the preliminary objections and specific averments raised by them?;