J.K. Ranka, J. - (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 31.1.2005 passed by the mact, Beawar (A.D.J. (Fast Track), Beawar in claim case No. 426/2004 (Old No. 633/99), whereby the Tribunal while partly allowing the claim of the claimants, awarded a sum of Rs. 1,67,000/ - as total compensation to the claimant -appellant.
(2.) THE brief facts as emerging on the face of record are that a claim petition came to be filed by the claimants/appellants of deceased Prabhu Singh before the Tribunal under Section 166/140 of the M.V. Act alleging therein that on 30.11.1999 complainant Biram Singh lodged a report before the Police Station Beawar Sadar stating therein that today at about 1 O' Clock he came on Beawar -Udaipur Toll Tax Post for domestic work, near him Narendra Singh Tailor and Tempu driver Jagdish were standing. It was alleged that near about 2:30 P.M., Prabhu Singh resident of Nandri Maldev was going on his cycle to RTO office then a Truck bearing No. R.J.07 G.717, came from the side of Bhim, which was being driven by its driver in a rash and negligent manner, dashed with the bicycle of the Prabhu Singh due to which Prabhu Singh scrolled along with the truck and one more truck bearing No. RPK -707 came from behind dashed against the truck No. R.J.07 G.717 due to which glasses of the truck were broken. The bicycle was floundered in the truck and truck driver ran away from scene of occurrence and they found Prabhu Singh dead on the spot and his dead body was lying at the scene of occurrence with serious injuries on his head, hand and legs. It was alleged that the accident took place due to rash and negligent driving by the drivers of both the trucks. Upon aforesaid report, Case No. 529/1999 for offence under Sections 279 & 304A IPC was registered at Police Station, Beawar Sadar and after investigation charge -sheet against respondent No. 1 was filed before the competent court. Ex parte proceedings were drawn against respondents Nos. 1, 2, 4 & 5.
(3.) RESPONDENT No. 3 filed his reply while denying facts related to the accident stated that the said accident took place on account of rash and negligent driving by the driver of Truck No. R.P.K. 0707 and at the time of accident the respondent No. 1 was not having valid licence. It was pleaded that the claimants have made an exorbitant claim and prayed for dismissal of the claim petition with cost.;