KRISHNA DEVI Vs. STATE

JUDGEMENT

(1.) These three appeals arise out of the judgment and order, dated 80-12-1970, passed by the Motor Accidents Claims Tribunal, Mahasu. The Tribunal had awarded Rs. 30,000/- to the claimants of Banarsi Dass, and Rs. 35,000/- to the claimants of Gur Saran Dass, who had died in a bus accident on 25-10-1969 at 7.45 P.M. at a place near Katchi Ghati on the Kalka-Simla road due to the rash and negligent driving on the part of the driver of the Bus No. HIM 4656 belonging to the Himachal Pradesh. Government.

(2.) In the written statement it was averred that there was no negligence on the part of the driver. But the learned Tribunal found that the bus was driven negliligently and rashly and the accident was the result of the same, and he accordingly awarded the aforesaid amounts to the claimants of the two deceased persons in the two applications, which were disposed of by the learned Tribunal, vide a single judgment.

(3.) The claimants of Banarsi Dass deceased are not satisfied with the award of the Tribunal and their contention is that the award made by the Tribunal was far too low and that they were entitled to the amount of Rs. 1 Lakh and 50 thousand as claimed in their petition. The State also filed two separate appeals against the award contending that the awards made by the Tribunal in the case of the claimants of Banarsi Dass and Gursaran Dass were far too excessive and that the Tribunal had also not correctly determined the life expectancy of the deceased as also of the claimants in both the cases and, therefore, the State prayed for reduction of the amounts of money awarded by the Tribunal in the two cases.