( 1. ) THIS appeal has been preferred being aggrieved by the award dated 31. 8. 2006, passed by the Additional m. A. C. T. , Lakhnadaun in Claim Case No. 13 of 2005 whereby the claim petition filed by the appellants under section 166 of the Motor Vehicles Act has been partly allowed directing the respondents to pay the compensation of Rs. 3,86,443 (50 per cent of the total amount of compensation of Rs. 7,72,886) with interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation on account of death of Suresh Kumar Soni caused in the motor accident.

( 2. ) THE brief facts of the case are that on 5. 1. 2002, Suresh Kumar Soni was going to ganeshganj from Chhapara on his motor cycle (No. MP 20-G 8686) and as soon as he reached near village Kuhiya from the side of Ganeshganj to Seoni on National highway 7 the driver of the tractor (No. MP 22-B 8465) has stationed the tractor on the road due to which Suresh Kumar soni riding his motor cycle dashed it, consequently he sustained grievous injuries. He was admitted in the S. I. M. S. Hospital, nagpur. The report was lodged at Police station, Lakhnadaun, wherein a Crime No. 2 of 2002 was registered against the respondent No. 1 and after due investigation a charge-sheet has been filed in the competent court. It was also averred that the age of Suresh kumar Soni was 34 years. He was in the government service and working as village assistant and getting a sum of Rs. 8,205 per month as salary. The appellants were dependent upon him. They have suffered a great loss, on account of the death of suresh Kumar Soni, therefore, the claim petition was filed for awarding compensation of Rs. 61,25,000.

( 3. ) RESPONDENT No. 1 has himself admitted that he stationed his tractor-trolley on account of it being punctured but there is no negligence on his part, therefore, he prayed to dismiss the claim petition.

( 4. ) THE respondent No. 2 did not submit the written statement, therefore, he was proceeded ex parte.

( 5. ) THE respondent No. 3 has submitted the written statement disputing the claim and denying its liability mainly contending that the respondent was not having valid and effective driving licence. The vehicle was used for commercial purpose hence there is a breach of terms and conditions of insurance policy. It was further contended that Suresh Kumar Soni himself was negligent as he drove the motor cycle rashly and negligently, therefore, the insurance company is not liable to pay compensation.

( 6. ) THE Tribunal found that the respondent No. 1 stationed the tractor-trolley No. MP 22-B 8465 on the national highway without any indicator, Suresh Kumar Soni dashed his motor cycle with it and consequently he sustained injuries and died. The tribunal found that Suresh Kumar Soni was also negligent for this accident. 50 per cent negligence was attributed to Suresh kumar Soni. It was further found that the respondent No. 1 was having valid and effective driving licence and the vehicle was not being used for commercial purposes, thus the Tribunal determined the total compensation of Rs. 7,72,886, out of which the respondents were directed to pay rs. 3,86,443 with interest at the rate of 6 per cent per annum to the appellants for the death of Suresh Kumar Soni from the date of filing of the claim application till realisation.

( 7. ) BEING dissatisfied with this award the appellants have preferred this appeal under section 173 of Motor Vehicles Act, 1988, for enhancement of compensation on the grounds mentioned in the memo of appeal.

( 8. ) THE learned counsel for the appellants has submitted that the finding of the tribunal is erroneous to the extent that the deceased himself was also negligent in contributing to this accident and thereby entitled to 50 per cent amount of com-pensation. It was further submitted that the awarded amount is also insufficient hence the same be suitably enhanced.

( 9. ) ON the other hand, the learned counsel for the respondents