- (1.) Heard finally. Instant appeal u/s 173 of the Motor Vehicle Act, 1988 has been filed by the claimant-appellant seeking enhancement of the award dt.29/08/2008 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur in claim case No.24/2008 by which a compensation to the tune of Rs.10,95,870/- has been awarded to the claimant-appellant.
(2.) The brief facts, as emerging on the face of record and gathered from the arguments advanced by counsel for the parties, are that on 30/06/2007, one Samundar Singh, after coming out from the factory gate of Autopal Industry, while standing on the side, a car bearing No.RJ-14-UA-1916, which was being driven by its driver with a high speed and in a rash & negligent manner, hit him on account of which he sustained severe and grievous injuries and during the course of his medical treatment, he expired in SMS Hospital, Jaipur. An FIR bearing No.176/2007 to this effect was registered with the concerned police station u/s 279, 337 IPC.
(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.;