- (1.) The instant civil misc. appeal has been filed by the appellants-claimants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 29.4.2009 passed by the MACT, Shahpura, District, Jaipur in claim case No.93/2007, whereby the Tribunal while partly allowing the claim awarded a sum of Rs.4,92,000/- as compensation to the claimant-appellants.
(2.) The brief facts as emerging on the face of record are that a claim petition came to be filed by the wife, son and two daughters of deceased Prakash Chand before the Tribunal under Section 166/140 of the M.V. Act stating therein that on 1.9.2006 at about 6:30 in the evening when deceased Prakash and driver Phoolchand Jat were going from Udaipur to Delhi in Truck bearing No. HR.47A.7965 then in between Gomti and Diver a Truck bearing No. R.J.14.1G.7586 came from Diver side, which was being driven rashly and negligently by the driver of the said truck and collided with the Truck bearing No. HR.47A.7965 due to which Prakash Chand sustained grievous injuries and succumbed to the injuries on 2.9.2006. The claimants prayed for a compensation of Rs.34,60,000/-.
(3.) Against non-petitioner No. 1 (driver and owner of Truck bearing No. R.J.14.1G.7586) ex parte proceedings were drawn on 11.4.2007. The non-petitioners Nos. 2 & 6 while filing their reply to the claim petition contested the claim and stated that the information about the accident was not given to the Insurance Company and the driver was not having a valid and effective licence at the time of the accident. Ultimately prayed for dismissal of the claim petition. The name of non-petitioner No.3 was deleted from the array of the non-petitioners on 16.5.2007. The non-petitioners Nos. 4 & 5 did not file their reply.;