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 Motor Accidents Claims Tribunal I, Jodhpur (for short 'the Tribunal') vide impugned judgment and award dated 29.08.2001 passed in Civil Misc. (MACT) case No.400/1996 whereby compensation in the sum of Rs. 13,31,872/- has been awarded in favour of the claimants/appellants.
(2.) Briefly stated facts of the case are that on 05.07.1996 deceased Om Prakash along with his wife Vimla Devi and son Ravi Chouhan were going from Jodhpur to Jaipur in Bus No. RJ19-P- 2642. The driver of the bus was driving the bus with a great speed rashly and negligently, due to which the but got turtled near Village Bhavi on Jodhpur Jaipur Highway. In the said accident, Om Prakash sustained grievous head injuries and subsequently died during treatment at Mahatma Gandhi Hospital, Jodhpur. Respondent No.3-Insurance Company filed its reply denying the contents of the claim petition and submitted that the driver was not having the valid driving licence and prayed for dismissal of the claim petition. Respondents Nos.1 & 2 were proceeded ex parte.
(3.) On the basis of pleadings of the parties, the learned Tribunal framed four issues. The claimants produced oral and documentary evidence in support of their case. No evidence was produced on behalf of the respondents.;