P.K. Lohra, J. - (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') depicts a sordid tale of appellants family which lost its mentor/Karta in a road accident. The gory tragedy in the family engulfed life of a young man Mr. K.C. Gupta with admirable credentials as he was a technocrat and entrepreneur. Endeavour of the appellants in the instant appeal is to seek enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Bhilwara (for short 'the learned Tribunal').
(2.) Succinctly stated facts of the case are that appellants laid a claim petition under Section 166 of the Act alleging therein that on 18.3.1993 truck No. HR 23/2005 owned by respondent Nos. 1 to 4 and insured with the fifth respondent dashed with Maruti Car No DDU 935 at 11.30 p.m. near Hamirgarh National Highway in which deceased K.C. Gupta was travelling with his two drivers Fazal Hussain and Suresh Kumar. Attributing negligence to the driver of the truck, it is stated in the claim petition that truck was driven by its driver rashly and negligently at a fast speed, over took other vehicles and hit Maruti Car. As a consequence of collision, both K.C. Gupta and driver of Maruti Car Fazal Hussain suffered grave and serious injuries and succumbed to the injuries on the spot. The other co-passenger Suresh Kumar also suffered injuries in the accident. The incident was reported to the Police Station. Hamirgarh and FIR No. 39/1993 was registered. The appellant-claimants calculated total amount of compensation to the tune of Rs. 47,40,000/- under different heads with a specific plea that deceased K.C. Gupta was Chairman-cum-Managing Director of B.M. Construction Pvt. Ltd. at the time of his death. In the claim petition, a prayer was made for fastening pecuniary liability on all the respondents jointly and severally.
(3.) In response to the notices issued by the learned Tribunal, none appeared for respondent Nos. 1 to 4 and, therefore, learned Tribunal proceeded ex parte against them.;