GOVERDHAN BARDHAR,J. - (1.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimant/appellant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal (First), Jodhpur (for short 'the Tribunal') vide impugned judgment and award dated 26.06.2000 passed in Claim Case No. 26/1996, whereby compensation in the sum of Rs.14,000/- has been awarded in favour of the claimant/appellant.
(2.) Briefly stated the facts of the case are that on 16.08.1995 at about 10:30 pm in the night, Ramewak along with his wife and two sons Atul and Sonu were going to Madhuban Colony on his bicycle 23.06.1994. When they reached near Basni circle, a city bus bearing registration No.RJ-19-P-1341 coming from Basni side, being driven by respondent No.1 in a rash and negligent manner, hit the bicycle. Rambubu Singh, brother of Ramsewak took them to Gandhi Hospital. In the said accident, his son Atul and wife were died and Ramsewak and sonu sustained grievous injuries. At the time of accident, sonu was minor and was being represented by his natural guardian father Ramsewak. In the claim petition, it was stated that on account of rash and negligent driving on the part of the driver of the offending vehicle accident took place.
(3.) Non-claimant respondent No.1 submitted his reply and stated that a false claim was filed against him as the said accident was never taken place by the offending vehicle and prayed for dismissal of the claim petition. Non-claimant respondent No.2 filed his reply and stated that the accident was occurred due to the negligence of Ramsewak and not due to the negligence of the driver of the offending vehicle. The offending vehicle is insured with the Insurance Company.;