DINESH CHANDRA SOMANI,J. - (1.) The instant appeal for enhancement of the compensation has been preferred by the claimant-appellants under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 24.01.2011 passed by Judge, Motor Accident Claims Tribunal, Dausa (Additional District and Sessions Judge, Fast Track, Dausa) (hereinafter referred to as "the Tribunal") in Motor Accident Case No. 226/2009 Smt. Kamla and Anr. v. Rohitash and Ors. , whereby, compensation of Rs. 1,00,000/- in different heads, along with interest @ 7% per annum was awarded to the claimant-appellant No. 1.
(2.) Skeletal material facts necessary for disposal of this appeal are that on 09.11.2007, the deceased Susheel Kumar was going in Maruti Van No. RJ. 29. UA. 0203 to SMS Hospital Jaipur. When he reached near truck union at about 11.30 AM, a bus No. UP.85.M.9855 came from opposite direction. Driver of the bus drove the bus rashly and negligently and hit the Maruti Van and thereby caused the accident. Susheel Kumar expired due to serious injuries sustained by him in the accident. At the time of accident, age of Susheel Kumar was 32 years. Mother and brother of the deceased filed the claim petition for compensation of Rs. 27,00,000/- in different heads. Non-claimant-respondent No. 1 filed reply to the claim petition denying material facts averred in the petition and prayed to dismiss the claim petition. Respondent No. 2 and 3 filed joint reply, denying the material averments of the petition and prayed to dismiss the petition.
(3.) After completion of pleadings of the parties, learned Tribunal framed as many as five issues. After recording evidence of both the parties and hearing them, the learned Tribunal passed the impugned judgment on dated 24.01.2011. Being aggrieved with the impugned judgment, the claimant-appellants have preferred this appeal for enhancement of compensation.;