JUDGMENT :

YASHVIR SINGH RATHOR, J.

1. This appeal has been instituted against the Award dated 03.11.2004 for enhancement of compensation awarded in MVA Case No.81 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.1,08,500/- has been awarded as compensation to the claimants/appellants along with interest at the rate of 6% per annum from the date of filing of claim petition till realization on account of death of their son namely Bir Singh @ Shamsher Singh in a motor vehicle accident.

2. The matter is being taken up in the post lunch session.

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

“1. Whether the accident took place at Ganda Nala Bridge, G.T. Road, Banchari, District Faridabad on 20.10.2001 at about 5.15 P.M. within the jurisdiction of Police Station Hodal due to rash and negligent driving of offending vehicle bearing its registration No.HR-38F/4472 by respondent No.1, as alleged? OPP.

2. If issue No.1 is proved, to what amount of compensation, the petitioners are entitled to and from whom? OPP.

3. Whether the petition is not maintainable in the present form? OPR