DINESH CHANDRA SOMANI,J. - (1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the compensation has been preferred by the claimant/appellants against the judgment and award dated 23-06-2008 passed by Judge, Motor Accident Claims Tribunal (Additional District and Sessions Judge, Fast Track), Dausa (hereinafter referred to as the "Tribunal") in claim petition No. 76/2007 titled Varsha and Anr. v. Hanuram and Ors. , whereby, the learned Tribunal has awarded compensation of Rs. 7,85,376/- to the claimant/appellants along with interest @ of 7% per annum from the date of filing of the claim petition.
(2.) Skeletal material facts necessary for disposal of this appeal are that on 03-02-2006, the deceased Naresh Kumar was travelling in vehicle No. RJ 27 TA-0118 from Pipliya to Pali, which was driven by Vijay Singh smoothly in right side. On that day, at about 2:30-3:00 AM when the vehicle reached near Rania Bera Jadan, it met with an accident when it was hit by Tanker No. RJ 29 G-0276, which was driven by Hanuman Ram, respondent No. 1 herein. Naresh succumbed to his injuries at the spot.
(3.) Claimant/appellants, widow, son and parents of the deceased filed a claim petition before the Motor Accident Claims Tribunal, Dausa under Section 166 and 140 of the Motor Vehicles Act, 1988 for compensation of Rs. 2,62,27,500/-. It is averred in the claim petition that the deceased Naresh Kumar was working as Junior Field Engineer in band F in Bharti Infotel Ltd. from 01-06-2005 and was getting salary of Rs. 15,000/- per month. In addition to that, he was also getting 4,500/- per month TA, DA and house rent with total emoluments of Rs.19,500/- per month. At the time of accident the deceased was 28 years aged.;