ARUN BHANSALI,J. - (1.) These appeals are directed against the judgment and award dated 24/4/2008 passed by the Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 3,50,000/- as compensation to the claimants.
(2.) While the Insurance Company has filed the appeal questioning its liability to make payment of compensation, the claimants - parents and siblings have filed the appeal seeking enhancement of compensation.
(3.) The application for compensation was filed under Section 163A of the Motor Vehicles Act, 1988 ('the Act') with the averments that on 17/10/2006 Mukesh was going with his friend Vinod Kumar on a bicycle when the offending vehicle, TATA 407, which was being driven rashly and negligently, struck the said bicycle, resulting in both Mukesh and his friend Vinod Kumar suffering grievous injuries, to which they succumbed. Based on the said averments, compensation to the tune of Rs. 4,77,900/- was claimed. The application was opposed by owner and driver alleging that the cycle was being driven rashly and negligently which resulted in the accident.;