JUDGMENT

B. P. DAS, J. — This appeal is at the behest of the claimants with a prayer for enhancement of the compensation awarded by the learned District Judge-cum-M.A.C.T., Phulbani in M.A.C. No. 54 of 1995.

2. The brief fact leading to this appeal, as transpires from the appeal memo as well as the judgment so impugned, is that on 30.7.1995 at about 10.30 A.M. while Jhunu, a boy aged about 10 years, was going on the public road in village Kanabangar, a Tempo Trax bearing registration No. OR-07-A-0227 being driven in a rash and negligent manner ran over the boy from behind causing his instantaneous death. The unfortunate father and mother of the child filed claim application under Section 166 of the M.V.Act, 1988 before the Tribunal.

3. The Tribunal framed as many as five issues and on the basis of the oral and documentary evidence came to hold that the death of the deceased occurred due to the rash and negligent driving of the driver of the Tempo Trax and that the vehicle was duly insured with the insurer. The Tribunal ultimately awarded a lump sum compensation of Rs. 50,000/- with interest at the rate of 9% from the date of claim petition and directed the insurer to pay the afores