Pratap Krishna Lohra, J. - (1.) Appellants -claimants have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act') to assail the impugned judgment and award dated 13.08.2001 passed by the Motor Accidents Claims Tribunal, Anoopgarh (for short 'the Tribunal') to the extent of amount of compensation awarded by the learned Tribunal. Essentially, the appellants are aggrieved by the findings and conclusion of learned Tribunal on issue No. 2.
(2.) Bare necessary facts for the purpose of this appeal are that appellants laid a claim petition against the respondents under Sec. 140 and 166 of the Act for claiming compensation to the tune of Rs. 14,91,000/ - on account of death of Krishan Kumar Goyal @ Krishanlal in a motor accident caused by the vehicle of respondent -Corporation. In order to claim the aforesaid amount of compensation, appellants have pleaded requisite facts in the claim petition besides attributing negligence to the driver of the Corporation vehicle. In the return filed by the respondents, averments contained in the claim petition are disputed and negligence in occurrence of accident is sought to be attributed to the deceased Krishanlal. The amount of compensation is also seriously contested by the respondents with a specific plea that appellants have projected an unembellished version about the income of the deceased.
(3.) The learned Tribunal on the basis of pleadings of rival parties framed three issues for determination. For substantiating their claim, appellants examined two witnesses namely AW -1 Santosh Agarwal and AW -2 Mal Singh and 6 documents were exhibited. To counter the evidence of the appellants, respondents also examined two witnesses namely NAW -1 Sohanlal Rana and NAW -2 Amrik Singh.;