J.K. Ranka, J. - (1.) HEARD finally with the consent of the parties.
(2.) INSTANT civil misc. appeal has been filed by the claimant/appellant under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 24.8.2007 passed by the Motor Accident Claims Tribunal, Jaipur & A.D.J. (Fast Track) No. 7, Jaipur City, Jaipur, in claim case No. 886/2007(1280/2004), whereby the Tribunal has partially allowed the claim petition filed by the claimant/appellant and granted a total sum of Rs. 2,22,500/ - as compensation in favour of the claimant/appellant. The brief facts, as emerging on the face of record, are that four claim petitions came to be filed before the Tribunal regarding the same incident which took place in the mid night of 26.6.2004 when deceased Digambar Singh and other members of Lucky Wines were returning to the office situated at C -Scheme in a Jeep bearing No. R.J.14 -U -1960 after dropping party incharge Dinesh Choudhary at house situated at Vidhyadhar Nagar. The said Jeep was being driven by Chatar Singh in its right direction with normal speed. It was alleged that at about 12.05 A.M. in the night at Vidhyadhar Nagar two ladies (one of them was deceased Soni) and three male took lift in the Jeep. After boarding these persons at about 12:10 A.M. in the night when the Jeep reached at Amanishah Nala at that time a truck bearing No. RJ -14 -G -4244 coming from Shashtri Nagar, which was being driven by its driver in a rash and negligent manner came from opposite side and also on wrong side made head on collusion with the jeep due to which Digambar Singh and other persons got injured and some other persons died including Smt. Soni, whose representatives have filed the claim petition so also this appeal. It was alleged the said accident took place on account of rash and negligent driving by the respondent No. 1, upon which FIR No. 142/2004 was lodged at Police Station, Vidhyadhar Nagar.
(3.) EX parte proceedings were drawn against respondent No. 2, while evidence was closed against respondent No. 1.;