GOVERDHAN BARDHAR,J. - (1.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants/appellants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajsamand (for short 'the Tribunal') vide impugned judgment and award dated 30.04.2001 passed in Claim Case No. 774/1998, whereby compensation to the tune of Rs.1,63,000/- has been awarded in favour of the claimants/appellants.
(2.) Briefly stated the facts of the case are that on 28.06.1996 at about 11:00 pm in the night on the way between village Kapasan and village Chhitorgarh an accident occurred between truck No. RJ 20-G-1321 and truck No. RJ 30-G 0129 due to negligence of both the truck drivers. In the said accident, Narayan lal driver of truck No. RJ 30-G 0129 and Laxman Singh driver of truck No. RJ 20-G-1321 succumbed to injuries and Gopilal sustained grievous injuries. FIR of the said accident was registered at Police Station Chanderiya, District Chittorgarh.
(3.) Respondent No.1 is owner of truck No. RJ 20-G-1321 and respondent No.2 is the owner of truck No. RJ 30-G 0129 and both the vehicles were insured with respondent No.3-Insurance Company. Despite service, respondent No.1, owner of truck No. RJ 20-G-1321, remain absent on 11.04.1997, therefore, ex-parte proceedings were held against him.;