(1.) Appellants-claimants have come forward with this appeal under Section 173 of the Motor Vehicles Act, 1988, in short "The Act" for enhancement of the sum awarded by the Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 36/2008, vide award dated 7th November, 2008 whereby their claim with respect to the vehicular death of Shri Sanjay in the alleged motor accident has been awarded against the respondents by saddling their joint and several liability to indemnify the sum of Rs. 4,17,500/- with interest @ 6% p.a. from the date of filing the claim petition.
(2.) The facts giving rise to the present appeal in short are that the appellants herein filed the claim petition contending that the said Sanjay aged 27 years, the husband of appellant No. 1, while the son of remaining appellants on 9th February, 2007 while sitting as a pillion rider on the scooter of one Sanjeev was going towards some place of exhibition. On the way near some bridge such scooter was dashed by a truck bearing registration No. M.P. 08/D/5653 driven by the respondent No. 1 Dinesh in rash and negligent manner resultantly Sanjay had fallen down and sustained the injuries and due to such injuries he succumbed to death. On receiving the information of such accident a criminal case for offence under Sections 279, 337, 338 and 304A, I.P.C. was registered against the respondent No. 1. After holding investigation of the same, he was charge sheeted for the aforesaid offence. As per further averments, the deceased being educated person upto B.Sc. Part-II was working as a supervisor with the firm "plant builders" on the salary of Rs. 4,000/- per month. Besides this, he was also earning Rs. 3,000/- per month by running tuition classes and he used to spend such earning only on his family including the appellants. Due to his untimely unnatural death the appellants have been deprived from such dependency, while the appellant No. 1 has also lost the company of her husband for whole of her life. In such premises, the claim was preferred for the sum of compensation Rs. 20,00,000/-.
(3.) In the reply of the respondents No. 1 and 2 by denying the averments of the claim petition it is stated that the alleged accident was not the cause and consequence of any rash and negligent driving of the above mentioned truck. On the contrary, the rider of the scooter by riding the scooter in rash and negligent manner caused the accident. In such premises, no liability to pay the compensation could be saddled against them. In alternative, it is stated that holding any liability of the claim against them, the same be saddled against the respondent No. 3-insurer as the vehicle was insured with it. Subsequent to filing of their written statement, the respondents Nos. 1 and 2 became ex parte and the impugned award was passed only in the presence of appellants and respondent No. 3.