JUDGMENT :

YASHVIR SINGH RATHOR, J.

IOIN-1-FAO-1954-2005

As per report of Registry, notice has been issued to respondent No.2 but the same has not been received back yet.

Mr. Naveen Sharma, Advocate and Mr. Rajneesh Chadwal, Advocate have put in appearance on behalf of respondent No.2 and accordingly IOIN stands disposed of and main appeal is taken up for hearing today itself.

FAO-1954-2005

1. This appeal has been instituted against the Award dated 17.2.2005 for enhancement of compensation awarded in MACT case No.122 of 2003 decided by the Motor Accident Claims Tribunal, Hisar (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988, vide which a sum of Rs.10,42,000/- has been awarded as compensation to the claimants on account of death of Prem Kumar Goyal in a motor vehicular accident which allegedly took place due to rash and negligent driving on the part of respondent No.1 while driving the offending vehicle bearing No.HR-47-A-7248 (hereinafter referred to as ‘offending vehicle’) alongwith interest @ 9% per annum from the date of filing of claim petition till realisation.

2. From the pleadings of parties, following issues were framed:-

1. Whether the accident i