Kanwaljit Singh Ahluwalia, J. - (1.) Instant miscellaneous appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988, by the legal heirs of Mahaveer Prasad Jain, in order to assail the impugned award dated 28.01.2004 rendered by the Court of Motor Accident Claims Tribunal, Tonk, whereby a sum of Rs. 2,89,600/- has been awarded to the claimant-appellants.
(2.) In the claim petition, it was pleaded that on 05.05.2002 Mahaveer Prasad Jain was going-on his scooter at a very slow speed at Jaipur Road, meanwhile a bus bearing registration No.RJ-01-P-0220 driven by respondent No.1 - Indra Singh came in a rash and negligent manner and hit scooter of Mahaveer Prasad Jain, as a result thereof, Mahaveer Prasad Jain sustained injuries and died.
(3.) Mr. Sandeep Mathur, learned counsel appearing for the claimant-appellants, has submitted that Mahaveer Prasad Jain was forty-five years old and was earning Rs. 5000/- per month.;