Bhanwaroo Khan, J. - (1.) CLAIMANT -appellants have preferred this miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the award dt. 21.06.2000 passed by the Motor Accident Claims Tribunal, Jaipur and the Rajasthan State Co -operative Tribunal, Jaipur in M.A.C.T. Case No. 1426/1995, wherein the compensation in a sum of Rs. 2,67,440/ - was awarded in favour of the claimant -appellants.
(2.) BRIEF facts of the case are that on 24.09.1995 at about 6.00 A.M. when deceased Kaluwa Khan was sitting on cot in front of his house, Truck bearing No. RJ -10 -G -0108 being driven rashly and negligently by the respondent No. 1, struck Kaluwa Khan, who died on the spot. In the claim petition, two witnesses were examined on behalf of the claimant -appellants and documentary evidence from Exhibit 1 to Exhibit 10 were produced. No defence was led on behalf of the respondents. The learned Tribunal after going through the oral as well as documentary evidence decided the compensation award in favour of the claimant -appellants, as above mentioned.
(3.) HEARD learned Counsel for the claimant -appellants and perused the impugned award as well as record of the learned Tribunal.;