Jainendra Kumar Ranka, J. - (1.) INSTANT appeal u/s. 173 of the Motor Vehicle Act, 1988 has been filed by the non -claimant -appellant (the Oriental Insurance Company Ltd.) assailing the award dt. 16/01/2002 passed by the Motor Accident Claims Tribunal, Gangapur City in claim case No. 88/1998 by which, while partly allowing the claim petition filed by the claimants -respondents, compensation to the tune of Rs. 5,27,000/ - has been awarded to the claimants -respondents.
(2.) NONE appears for the parties. The facts, which have been gathered on perusal of the impugned award passed by the Tribunal, it reveals that on 09/07/1998, when the deceased Bhuri Singh was going from Bharatpur to Hindaun in Truck No. R.J.05/1275 and reached near Sathi Mod at about 9.30 pm, then a bus bearing No. RJ 25/326, which was being driven by its driver in a rash and negligent manner, dashed with the truck resulting in sustaining injuries to the deceased Bhuri Singh and later on he died in hospital.
(3.) THE claimants -appellants submitted a claim petition before the Tribunal claiming compensation to the tune of Rs. 38,06,000/ -. It was alleged in the claim petition that the deceased was a truck driver and was earning Rs. 6,000/ - per month by driving truck being in employment with the respondent No. 4 and at the time of death he was aged about 37 years.;