JUDGMENT :

Yashvir Singh Rathor, J. 

1. This appeal has been instituted against the Award dated 21.12.2004 for enhancement of compensation awarded in MACT case No.85 of 2003 decided by the MACT, Narnaul (for short “Tribunal”) in a petition under Section 166 of Motor Vehicles Act, 1988 vide which a sum of Rs.2,28,400/- has been awarded as compensation to the claimants/appellants alongwith interest at the rate of 9% per annum from the date of filing of claim petition till realization on account of death of Ashok Kumar in a motor vehicle accident.

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

“1. Whether Ashok Kumar died in a motor vehicular accident which took place due to rash and negligent driving of vehicle No.RJ-06E-1757 by respondent No.1, as alleged? OPP

2. If issue no.1 is proved, whether the petitioners are entitled to any amount as compensation, if so, to what amount and from whom? OPP

3. Whether the driver of the offending vehicle was not having a valid and genuine driving licence at the time of accident, if so, its effect?

4. Whether the petition has been filed in collusion with the respondent No.1 to 3? OPR4

5. Relief.

3. Thereafter, the parties