J.K. Ranka, J. - (1.) INSTANT miscellaneous appeal has been preferred by the claimant -appellants under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the impugned award dated 10.07.2009 passed by the M.A.C.T. Deeg, District Bharatpur in Claim Case No. 91/2006, whereby the claimant -appellants have been awarded compensation in a sum of Rs. 3,50,000.00.
(2.) BRIEF facts, as emerging from the face of the record, are that Smt. Miskeena and her husband, Mustak Ali Khan, along with two children were going on way to Village Mithupura on motorcycle and near a petrol pump, Sikri, her husband went to fill up petrol in motorcycle and left his wife Smt. Miskeena near a tree. At that time, suddenly a tanker, bearing registration No. RJ -05 -G -1565, was coming from Nagar in rash and negligent manner and hit Miskeena. She came below the tyre of the said offending vehicle and died on the spot.
(3.) FOR the alleged incident, First Information Report bearing No. 98/2006 was registered against the driver of the offending vehicle, namely Jitendra. Thereafter, charge -sheet was filed before the appropriate Court under Sections 279 and 304 -A I.P.C. The Tribunal, after considering all evidence available on record, as well as, while framing five issues held that the deceased died on account of rash and negligent driving of the offending vehicle; and after elaborate discussion has awarded compensation to the extent of Rs. 3,50,000.00, along with interest @ 7.5% per annum in favour of the claimant -appellants.;