JUDGMENT

1. In the instant appeal is preferred by the appellants/petitioners (herein referred to as the petitioners) under section 173 of the Motor Vehicles Act (for the “Act”) against the award dated 1.3.2017 passed by 14th Motor Accident Claims Tribunal, Indore in Claim Case No.1700649/2015 with a prayer to enhance the awarded amount of compensation.

2. For the sake of convenience, the parties are referred to as they are arrayed before the Tribunal.

3. Heard Ms. Shraddha Dixit, learned counsel for the appellants/claimants and Shri Mayank Upadhayay, learned counsel for the nd respondent/New India Insurance Company Limited. Notice of 1st respondent served no one entered appearance.

4. The accident is not in dispute. The Mahindra Max Vehicle (Jeep) bearing No.M.P.-05-DA-0324 (hereinafter referred to as “the offending vehicle”) being insured with the 2nd respondent and there being no breach of policy conditions, is a finding in Para No.5 (Column No.6) in the Table of the Award, which had attained finality. The 2nd respondent/New India Insurance Company Limited has not challenged its liability. The appellants having not satisfied with the quantum of compensation granted by the Tribunal, filed the present appeal.

5. Briefly stated the facts giving rise to the present appeal are that on 24.12.2013 deceased (Harsh) who is son of the appellants No.1 and 2 and brother of 3rd appellant was going from Ratlam to Nagda on his motor cycle. On the way, when he reached Khachrod Road By-pass Junction, the non-applicant No.1 (1st respondent) driving the Mahindra Max Vehicle (Jeep) bearing No.M.P.-05-DA-0324 in a rash and negligent manner and hit the motor cycle from behind, due to which the rider of the motor cycle (deceased) fell down and sustained serious head injuries and died on the spot, later the matter was reported to the police by Lakhan Singh Panwar against the driver of the offending vehicle (non-applicant No.1). Based on the report lodged by the Lakhan Singh Panwar, a case in crime No.513/2013, Nagda - Police Station was registered for the offence under section 304-A IPC and FIR was issued and after investigation of the case, charge-sheet was submitted against the non-applicant No.1 to the Court.

6. At the time of accident, the deceased was aged about 26 years, as per the certificate issued by Board of Secondary Education, Madhya Pradesh, Bhopal and he was hale and healthy and used to work in Forest Department as Untrained Forest Servant drawing salary of Rs.11,140/- per month, as per the payment slip of September, 2013 signed by Assistant Conservator of Forest, Ratlam, marked and exhibit as P/37. He was unmarried and contributing his entire income to the parents of the deceased and filed an application claiming compensation of Rs.50,00,000/- with interest before the Tribunal on the account of death of the deceased (Harsh Kumar Johar) in the alleged road accident.

7. 1st respondent/non-applicant filed the written statement denied the averments mentioned in the claim application and further he stated that the vehicle Mahindra Max (Jeep) bearing No.M.P.05-DA-0324 was insured by non-applicant No.2 from 8.11.2013 to 7.11.2014, therefore, the claim against the non-applicant No.1 are liable to be dismissed.

8. Non-applicant No.2 filed written statement and denied allegations made in the claim application and further averred that the alleged accident happened due to the negligence of the deceased, while driving the vehicle. Further averred that the accident happened due to the rash and negligent driving of the vehicle by the driver (Non-applicant No.1) of the Jeep bearing No.M.P.09/CH/0324 and the said vehicle not insured with the Insurance Company/Non-applicant No.2 on the date of accident, therefore, the non-applicant No.2 is not responsible for payment of compensation. Further averred that no information about the accident has been given to the Insurance Company either by the non-applicant No.1 or by owner of the vehicle. At the time o