1. The challenge in this appeal is to the judgment and award, dated 18.9.1996, rendered by the learned Member, Motor Accident Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No. 226 of 1992, which has been filed by the original claimants for the enhancement of compensation. The appellants herein are the original claimants i.e. the heirs and legal representatives of deceased Hafizuddin; whereas respondent no.1 Shaikh Saleem Sk. Mehboob is the driver of offending vehicle Matador, bearing registration No. MH-20/A-3638 and respondent no.

2, namely Raosaheb Kadam is the owner of the said Matador. Respondent no.3-New India Insurance Company is the insurance company of the said Matador, however, respondent no.4 Ravan is the owner-cum-driver of the motor cycle and the deceased was the pillion rider, to which the offending vehicle Matador dashed, and respondent no.5 is the Oriental Insurance Company i.e. the insurance company of the said motor cycle, bearing registration No. MAA-6425.

2. The facts, which gave rise to the present appeal, can be briefly stated that on 11.5.1992 at about 6.00 p.m., respondent no.4 Ravan was riding the motor cycle, being registration No.MAA-6425 and the deceased Hafizuddin accompanied with him as a pillion rider to his field to take the measurement of the well, as the deceased Hafizuddin was allegedly serving as a Junior Engineer with the Panchayat Samiti. After taking the measurement and while returning to Aurangabad, they reached near Deogiri Dhaba on PhulambriKhultabad road and the offending vehicle i.e. Matador bearing registration No. MH-20/3636 coming from opposite direction came on its wrong side and hit the said motor cycle, and thereby both the rider i.e. Respondent no.4 and the pillion rider the deceased Hafizuddin sustained injuries. Accordingly, both were admitted into the Government Medical College Hospital, Aurangabad. Thereafter deceased Hafizuddin was shifted to Pune Hospital under the care of Dr. Bafna and further he was shifted to Rubi Hall Clinic, where he expired on 5.6.1992. According to the appellants, the deceased Hafizuddin was drawing salary of Rs.2,200/- per month, and therefore, they claimed compensation of Rs.5,00,000/- from the respondents.

3. However, respondent nos. 1 and 2 remained absent, although served, and therefore, the petition proceeded against them ex parte; whereas respondent nos. 3, 4 and 5 filed the written statement and opposed the claim of the appellants. Respondent no. 3 denied that the accident took place on account of rash and negligent driving of the Matador and stated that there was negligence on the part of the motor cyclist. However, the insurance policies of respondent no.3 in respect of the offending vehicle Matador and respondent no.5 in respect of the motor cycle were valid and subsisting.

4. Basing upon the rival pleadings, learned Member of the Tribunal framed the issues. After considering and assessing the evidence adduced and produced by the parties, the Tribunal granted compensation of Rs.2,50,000/- along with 12 per cent per annum interest thereon from the date of filing of the petition till its realization and directed respondent nos. 1 to 3 to pay the sum of Rs.2,00,000/-along with the interest jointly and severally to the petitioners/appellants herein; whereas respondent nos. 4 and 5 were directed to pay the sum of Rs.50,000/-jointly and severally along with interest to the petitioners/appellants herein. It was further directed by the Tribunal that the no fault liability amount shall be deducted by the respondents from the aforesaid payable amount to the claimants by the judgment and award, dated 18.9.1996. Being aggrieved and dissatisfied by the said judgment and award, the appellants i.e. original claimants have preferred the present appeal assailing the same and prayed for enhancement therein.

5. It was canvassed by the learned counsel for the appellants that deceased Hafizuddin was the Junior Engineer with the Panc