J.K. Ranka, J. - (1.) Heard finally.
(2.) INSTANT appeal u/s. 173 of the Motor Vehicle Act, 1988 has been filed by the claimants -appellants seeking enhancement of the award Dt. 22/07/2009 passed by the Motor Accident Claims Tribunal & Addl. District and Sessions Judge, Fast Track, No. 3, Jaipur District, Jaipur in claim case No. 741/2008 (1313/2007) by which a compensation to the tune of Rs. 3,67,369/ - has been awarded to the claimants -appellants. The brief facts, as emerging on the face of record and gathered from the arguments advanced by counsel for the parties, are that on 13/08/2007, one Hari Singh, while going from Jaipur to Dausa with his friends in a Tempo Trax bearing No. RJ -29 -P -1095, the respondent No. 1 -Siraj Khan, driver of the said Tempo Trax, while driving the Tempo Trax in high speed and in a rash & negligent manner, collided with a wall near Banskho Phatak as a result of which the Tempo Trax turned upside down due to which Hari Singh expired.
(3.) THE claimants -appellants submitted claim petition before the Tribunal claiming compensation. As regards respondents No. 1 & 2 i.e. driver and owner of the offending vehicle, ex -parte proceedings were drawn against them. The respondent No. 3 -Insurance Company filed reply stating that the accident took place due to excess passengers travelling in the offending vehicle and there was breach of conditions of the insurance policy. It was also stated that the insurance company was not intimated about the accident and the owner of the offending vehicle was not having valid license and permit.;