J.K. Ranka, J. - (1.) THE instant civil misc. appeal has been filed by the appellants -non -claimants i.e. driver/owner of the Bus under Section 173 of the Motor Vehicles Act for quashing and setting aside the impugned award dated 3.11.2007 passed by the MACT, Hindaun City in claim case No. 79/2005, whereby the Tribunal while partly allowing the claim of the claimants, awarded a sum of Rs. 3,18,600/ - as total compensation to the claimant. On the other hand, the cross objectors -claimants have preferred cross objection to enhance the compensation amount awarded by the Tribunal.
(2.) BOTH the appeal as well as cross objection arise out of the same impugned award passed by the Tribunal, therefore, they are being decided by this common order. The brief facts as emerging on the face of record are that a claim petition came to be filed by the claimants under Section 116/140 of the Motor Vehicle Act, 1988 before the Tribunal on account of death of Smt. Bhag Bai against the respondents for compensation of Rs. 9,57,500/ -, wherein it was alleged that on 24.5.2005 in the morning at about 10.00 A.M. wife of claimant No. 1 Smt. Bhag Bai, Vishnu and Pan Bai were coming on foot from Todabhim to Machidi when they reached near Ramlal Bairwa's field and before Padampura Mod then respondent No. 1 driver of Bus bearing No. R.R.A. 5415 came from wrong side while driving the bus in a rash and negligent manner and hit wife of claimant No. 1 Smt. Bhag Bai due to which she sustained grievous injuries and died on the spot. The report of the incident was lodged at Police Station, Todabhim upon which FIR No. 187/2005 was registered and after usual investigation, charge -sheet was filed against respondent No. 1 in the competent court of jurisdiction for offence under Section 279, 304 -A IPC.
(3.) RESPONDENTS Nos. 1 & 2 filed their reply wherein they denied all the contents of the claim petition and also denied that accident did not occur due to the vehicle in question. It was pleaded that the false fir has been filed only with the view to some how get compensation and the respondent No. 1 did not drove the vehicle in question on the road on the day of the accident and due to non -insurance of the vehicle, the vehicle was kept at the house of the owner of the vehicle and further they made several complaints to the I.O. and other higher authorities regarding this fact and prayed for dismissal of the claim petition.;