1. - The appellants, who are father and mother of deceased Naresh Gupta, who while driving the scooter on 22.10.1989 at about 7.00 p.m. On Kankroli State Highway met an accident and collided with Truck No.RJY-4223 which was parked by the side of the road, at once started moving reverse and collided with the scooter. The accident so happened resulted in death of scooter driver Naresh Gupta. The claimants filed a claim petition before the Motor Accident Claims Tribunal, Rajsamand, who vide judgment dated 18.12.1996 treating the joint and contributory negligence of both parties determine the claim of Rs.75,000/- in favour of the appellants, against which the appeal has been preferred for enhancement of the claim amount.

2. The respondent No.2 Insurance Company submitted a reply with the averments that because of breach of the conditions as provided in the policy, they are not liable to pay compensation as scooter driver was not having driving licence. The Tribunal framed three issues. On behalf of the claimants, three witnesses were examined. No one was produced on behalf of the respondents. The Tribunal after evaluating and analysing the evidence, documentary as well as oral,