DINESH CHANDRA SOMANI,J. - (1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been preferred by the claimant/appellants against the judgment and award dated 09-07-2008 passed by Additional District Judge (Fast Track) No. 7, Jaipur City, Jaipur (Motor Accident Claims Tribunal) (hereinafter referred to as "the Tribunal") in claim petition No. 508/2006 (1815/04) titled Smt. Kamlesh and Ors. v. Purna Chand and Ors. , whereby, the learned Tribunal has awarded compensation of Rs. 8,71,000/- to the claimant/appellants along with interest @ of 6% per annum from the date of filing of the claim petition.
(2.) Skeletal material facts necessary for disposal of this appeal are that on 12-10-2003 at about 10:00 PM, Mukesh Kumar Yadav was going on Motorcycle No. RJ-02-9M-0897 from Shahjahanpur towards Tula Ki Dhani Palwa, along with his relative Sandeep. When they reached about 1 Km. ahead of Shahjahanpur, a Jeep No. RJE 0994, being driven rashly, negligently and with excessive speed by it's driver respondent No. 1, came from Mirjapur side by violating the traffic rules and coming on the wrong side, hit the motorcycle. Because of the hit Shri Mukesh Kumar sustained serious injuries and died.
(3.) Claimant/appellants, widow, daughter, son and parents of the deceased filed a claim petition under Section 166 and 140 of the Motor Vehicles Act, 1988 for compensation of Rs. 42,80,000/-, before the Motor Accident Claims Tribunal, Jaipur City-II which was later on transferred to Additional District and Sessions Judge (Fast Track) No. 7, Jaipur City, Jaipur. It is averred in the claim petition that the deceased Mukesh Kumar was posted as Constable in Rajasthan Police, Bikaner and his income was Rs.7000/- per month at the time of accident. At the time of accident, Mukesh Kumar was 28 years aged.;