- (1.) THIS misc. appeal for enhancement has been filed by the claimants who are the legal heirs of Hafiz Ghulam Allaha aged between 56 to 60 years, under Section 173 of the Motor Vehicles Act (for short hereinafter called; "the Act") against the award dated 04.04.2005 passed by the M.A.C.T. Fast Track No.4, Jodhpur in Claim Case no. 536/2004 whereby while accepting the claim application, the learned Tribunal awarded a total sum of Rs. 2,42,000/ - to the appellants as compensation.
(2.) SUCCINTLY stated the facts of the case are that on 01.02.2002, at about 6.30 ­ 7.00 am, the deceased was going from Madarsa Majroob Rab to Keru Motors. While crossing road in front of Sainik Motors, a Jeep bearing Registration No. RJ 19 T 2195, being driven by the Respondent No.1 in a rash and negligent manner hit Hafiz Ghulam Allaha and as a result of the accident, he received injuries and expired. Upon the claim for compensation being filed, the learned Tribunal framed the usual issues regarding contribution of the driver of the offending vehicle in the accident, the entitlement of the claimants to receive the claim, the quantum of compensation awardable and defences available to the Insurance Company. All the issues were decided in favour of the claimants and the claimants were awarded compensation as mentioned above.
(3.) THE non claimants have not challenged the findings recorded by the learned Tribunal. Thus, the only issue which arises for consideration of this Court is regarding the quantum of compensation awardable to the claimants.;