J.K. Ranka, J. - (1.) INSTANT civil misc. appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 22/11/2006 passed by the Motor Accident Claims Tribunal, Jaipur, in claim case No. 82/2006, whereby the Tribunal has partially allowed the claim petition filed by the claimants/appellants and granted an award of total sum of Rs. 2,70,400/ - as compensation in favour of the claimants/appellants.
(2.) THE brief facts, as emerging on the face of record and gathered after hearing arguments advanced by the learned counsel for the parties as well as on perusal of the record received from the Tribunal, are that Kirma Devi, who was coming from village Halena to her own residence on 15/11/2004, when she got down from the bus and when she was going slowly on her side, then at 2 P.M. UP Roadways Bus No. UP -85 -M -9069 which was driven in a rash & negligent manner and with high speed by its driver Jagveer Singh, came and hit the deceased Kirma Devi and on account of the said accident, she fell down and sustained grievous injuries and during the course of treatment, she died at Jaipur in SMS Hospital on 16/11/2004. An FIR to this effect was registered in Police Station Halena, against the respondent No. 1 Jagveer Singh (driver), who was an employee of respondent No. 2 -Uttar Pradesh State Road Transport Corporation. The claim was lodged against the said two respondents and also against the Insurance Company.
(3.) SINCE the respondent No. 1 did not appear before the learned Tribunal despite of service, ex -parte proceedings were drawn against him.;