- (1.) Heard finally.
(2.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act is directed against order of the MACT (Addl. District & Sessions Judge (Fast Track) No.3, Jaipur District, Jaipur dated 6.10.2004 passed in claim petition No. 810/2004.
(3.) The brief facts as emerging on the face of record is that on 8.9.1997 when it was noticed by the police personnel while on duty that one person near Chokhi Dhani was lying grievously injured and on investigation, it was noticed that he was hit by a Tata 407 bearing No. RJ-14-G-7696, which was coming from Tonk and hit Ramu @ Ramlal. The said vehicle was found standing nearby, police took possession of the said vehicle and an FIR bearing No.216/1997 was lodged. On investigation, it was noticed that the injured person, who was found dead on taking to hospital was Ramlal S/o Dhannalal Sain and was a labourer. Thereafter, a claim petition was filed. It was admitted by the respondent No.1 that he was driver of Tata 407 bearing No. RJ-14-G-7696. It was admitted by respondent No.2 that respondent No.1 driver was employed by him and it was also admitted that the said vehicle was insured by respondent No.3 i.e. the Insurance Company. However, during the course of hearing other aspects were not admitted by the respondent No.1 and other respondents. The Tribunal framed five issues including the issue of relief and after considering various exhibits placed on record by the claimants/appellants and statements of various witnesses came to the conclusion that the accident occurred on account of rash and negligent driving by respondent No.1 driver of Tata 407 bearing No. RJ-14-G-7696 and considering the other material placed on record in the form of FIR, Challan, X-Ray, Post-mortem report came to the conclusion that award is required to be allowed to the extent of Rs.2,78,000/-. Aggrieved by the said order, the instant appeal has been filed as according to the appellants, the claim is too small and requires enhancement.;