JUDGMENT :

Yashvir Singh Rathor, J. 

1. This appeal has been instituted against the Award dated 17.08.2004 for enhancement of compensation awarded in MACT case No.38 decided by the MACT, Faridabad (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988 vide which a sum of Rs.10,89,760/- has been awarded as compensation to the claimants alongwith interest at the rate of 9% per annum from the date of filing of claim petition till realization on account of death of Rajender Kumar Yadav in a motor vehicular accident which took place due to rash and negligent driving on the part of respondent No.1 while driving offending vehicle bearing No.HR-38E-9509 (for short ‘offending vehicle’), owned by respondents No.2 and 2(a), which was insured with respondent No.3.

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

“1. Whether the alleged accident resulting into the death of Rajender Kr. Yadav took place due to rash and negligent driving of Bus No.HR-38E-9509 by respondent No.1?OPP

2. If issue no.1 is proved, whether the petitioners are entitled to compensation and if so how much and from whom?OPP

3. Whether respondent No.1 was not holding a v