GOVERDHAN BARDHAR,J. - (1.) The instant Civil Misc. Appeal has been filed by the claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded by the learned Additional District Judge, Motor Accidents Claims Tribunal, Sri Karanpur (for short 'the Tribunal') vide impugned judgment and award dated 12.08.2002 passed in Civil Misc. (MACT) case No.73/97 (3/96) whereby compensation in the sum of Rs.3,67,000/- has been awarded in favour of the claimants/appellants.
(2.) Briefly stated facts of the case are that the claimants/appellants being the mother, wife, sons and daughters of the deceased Desh Raj filed a claim petition claiming compensation to the tune of Rs.33,10,000/- under various heads towards the loss suffered by them on account of the death of Sh. Desh Raj in the accident dated 12.11.1995. In the claim petition, it was averred that on 12.11.1995 Desh Raj (deceased) while coming from 17 BB to Padampur on his Maruta, was hit by Bus bearing registration No.RJ-14/P/2198 belonging to Rajasthan State Road Transport Corporation which was being driven by respondent No.2 Jagtar Singh rashly and negligently, which resulted into the instantaneous death of Desh Raj. The said accident was reported to the police P.S. Padampur on 12.11.1995 itself on which F.I.R. No.263/1995 State v. Jagtar Singh was registered under Sections 304-A, 337 and 279 I.P.C.
(3.) After investigation the police submitted charge-sheet against respondent No.2 Jagtar Singh for the commission of the offences punishable under Sections 304A, 338 and 337 I.P.C.;