DINESH CHANDRA SOMANI, J. - (1.) The instant appeals for enhancement of compensation have been preferred by the claimant-appellants under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 15.01.2010 passed by Motor Accident Claims Tribunal, Jaipur District, Jaipur (hereinafter referred as "the Tribunal") in claim petition No.754/2009 titled Shabana and Ors v. Jainarayan and Anr. , whereby the learned Tribunal has awarded compensation of Rs.4,01,000/- to the claimant-appellants along with interest @ 6% per annum from the date of filing of the claim petition till payment.
(2.) Skeletal material facts necessary for disposed of these appeals are that on 11.04.2009, Shamim Ahmed (the deceased) was going on his motor-cycle bearing registration No.RJ-14-SZ- 0672 from his house towards his work place. The said motor-cycle was driven by the deceased moderately and on correct side of the road. At about 8.30 AM, when he reached near Lalwas Bandha, one bus bearing No.RJ-14-PB-0028 came in fast speed from Mahatma Gandhi Hospital side and hit the motor-cycle at it's back. The bus was driven by non-claimant/respondent No.1 in fast speed and in negligent manner violating the traffic rules. Due to the said accident, Shamim Ahmed sustained serious injuries and was immediately taken to the hospital, where he died during the course of treatment. FIR of the incident was lodged at Police Station, Amer-Jaipur bearing FIR No.131/2009 and after investigation, charge-sheet was filed against the non-claimant/ respondent No.1-Jainarayan.
(3.) Claimant-appellants, widow, two minor daughters, one minor son and parents of the deceased have filed the claim petition before the Motor Accident Claims Tribunal, Jaipur District, Jaipur under Section 166 and 140 of the Motor Vehicles Act, 1988 for compensation of Rs.50,10,000/-. It is averred in the claim petition that at the time of the accident, the deceased Shamim Ahmed was 37 years aged and he was employed as Technical Engineer in M/s. Raj Associate, Hawa Sadak, Civil Line, Jaipur and his income was Rs.10,000/- per month.;