JUDGMENT :

Nupur Bhati, J.

S.B. Civil Misc. Appeal No. 1115/2004

1. The present appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’), seeking enhancement of the judgment and award passed by the Motor Accident Claims Tribunal, Bhilwara (‘Tribunal’), wherein the learned Tribunal has passed an award of Rs.1,90,000/- and the contributory negligence has been ascertained of the driver the and deceased, to be 50% each, vide order dated 20.03.2004. The appellants have also sought interest to be awarded at the rate of 12% on the award and judgment passed by the learned Tribunal, from the date of filing the petition.

2. Briefly stated, the facts of the case are that on 6/10/2000, Mahavir Sharma, the brother and son of claimant Pukhraj and the Kanhaiya Lal, died in a motor vehicle accident. At the time of the accident, the deceased Mahavir was 19 years old. He worked in the textiles market in Bhilwara, grading clothes on a retail and contract