J.K. Ranka, J. - (1.) Instant appeal u/s. 173 of the Motor Vehicle Act, 1988 has been filed by the claimants -appellants seeking enhancement of the compensation awarded by the Additional District Judge (Fast Track) No. 7, Jaipur City, Jaipur (Motor Accident Claims Tribunal) vide award dt. 08/12/2005 in Case No. 770/2005 by which compensation to the tune of Rs. 4,16,200/ - has been awarded to the claimants -appellants.
(2.) Brief facts noticed are that on 24/04/2004, Hot Chand @ Hotu Mal, after taking passengers in his Auto Rickshaw bearing No. RJ -14 -1 -P -4302 from the hospital to the village Dhand, at that time, at about 3.30 PM, when the Auto Rickshaw reached near Check post & near Jaipur Golden within the jurisdiction of Amer Police Station, then a Bus, Bearing No. DL -1 -PA -7784, which was coming from back side and whose driver was driving it in high speed, in a rash and negligent manner, hit the Auto Rickshaw as a result of which Hot Chand got seriously injured and thereafter died in SMS Hospital, Jaipur during the course of treatment.
(3.) The claimants -appellants submitted claim petition before the Tribunal and the Tribunal, after considering facts and circumstances, awarded compensation to the tune of Rs. 4,16,000/ - which according to the claimants -appellant is on the lower side and hence the instant appeal has been preferred for enhancement of compensation.;