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. 10/08/2006 passed by the Motor Accident Claims Tribunal, Tonk in claim case No. 837/2005 (131/2004) by which a compensation to the tune of Rs. 2,89,000/ - 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 25/10/2003, one Nijamuddin, was driving Moped, at about 7.30 P.M. near Petrol Pump at Police Station, Dei, a Jeep bearing No. RJ -8P -215, which was being driven by its driver in high speed and in a rash & negligent manner, hit the moped resulting in death of Nijamuddin and severe & grievous injuries to Shah Anwar who was a pillion rider. An FIR bearing No. 477/2003 to this effect was registered with the concerned police station wherein the Police, after investigation, submitted challan before the competent court of jurisdiction.
(3.) THE claimants -appellants submitted claim petition before the Tribunal wherein it was pleaded that the respondent No. 1 was driver of the offending vehicle while the respondent No. 2 was owner and both are liable to pay compensation, however, since the vehicle was insured with the Insurance Company, the Insurance Company was also impleaded as respondent No. 3.;