1. This appeal is directed against the judgment dated 11.02.2011 passed by Motor Accidents Claim Tribunal whereby compensation of Rs. 4,76,000/- was awarded for the death of Tej Prakash, who suffered fatal injuries in a motor vehicular accident which occurred on 27.04.2006.

2. There is twin challenge to the impugned judgment. First, negligence on the part of the driver of two wheeler bearing no.DL-4S-AD-7824 was not established and second, the compensation awarded is excessive as in the absence of any evidence with regard to good future prospects, addition of 50% was not permissible.

3. On the other hand, learned counsel for Respondents no.1 and 2 urges that negligence of the driver was sufficiently established from the testimony of PW2. It is urged by him that the compensation awarded is too meagre and low and the same needs to be enhanced.

NEGLIGENCE

4. It is urged by the learned counsel for the Appellant that in respect of the accident, FIR No. 370/2006 was registered at Police Station Dwarka, Delhi. Statement of Abhay Kumar, driver of the two wheeler was recorded and on the basis of that statement, the criminal case was sent as untraced. It is urged that as per the stat