DINESH CHANDRA SOMANI,J. - (1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been preferred by the claimant/appellants against the judgment and award dated 04/05/2005 passed by Motor Accident Claims Tribunal, Beawar (hereinafter referred to as "the Tribunal") in claim petition No. 460/2001 titled Smt. Narbada Devi and Ors. v. Bhagat Ram and Ors., whereby, the learned Tribunal has awarded compensation of Rs.3,18,000/- to the claimant/appellants along with interest @ of 6% per annum from the date of filing of the claim petition.
(2.) Skeletal material facts necessary for disposal of this appeal are that on 30/08/2001, Devi Singh was travelling in a Jeep and when the jeep reached near Pali Border, suddenly a truck bearing No. RJ-19-G-7718 driven rashly and negligently by it's driver respondent No. 1, came from opposite direction and dashed the Jeep. Because of the hit, Shri Devi Singh sustained serious injuries and died. FIR of the incident was lodged at Police Station Beawar Sadar bearing FIR No. 407/2001 and after investigation, charge sheet was filed against the non-claimant/respondent No. 1.
(3.) Claimant/appellants, widow, three minor daughters and mother of the deceased filed a claim petition before the Motor Accident Claims Tribunal, Beawar under Section 166 and 140 of the Motor Vehicles Act, 1988 for compensation of Rs.64,83,000/-. It is averred in the claim petition that at the time of accident, the deceased Devi Singh was 23 years aged and he was doing the work of hotel, grocery shop and agriculture, and his income was 6-7 thousand rupees per month.;