RAJASTHAN STATE ROAD TRANSPORT Vs. MANORMA

JUDGEMENT

(1.) THIS is an appeal filed under Section 110 -D of the Motor Vehicle Act (hereinafter referred to as 'the Act'), against the award dated October 9, 1980, given by the Motor Accidents Claims Tribunal Udaipur (hereinafter referred to as 'the Claims Tribunal'), in Civil Miscellaneous Petition No. 64 of 1979, filed by the respondents Nos. 1 and 2 (hereinafter referred as to ''the claimants') against the Rajasthan State Road Transport Corporation, the appellant herein, and Shri Hari Rain Driver Respondent No. 3 under Section 110 -A of the Act. In the said claim petition the claimants had claimed for Rs. 17,05,000/ - as compensation. The claims Tribunal has awarded Rs. 6,17,600/ - as compensation to the claimants.

(2.) THE claim for compensation relates to a motor accidents which took place on the Banswara Partapur road, near village Talwara on January 29, 1979 at about 8.30 P.M. In the said accident, a jeep bearing No. RJY 3891 and a Bus bearing No. RRM 3885 owned by the appellant Corporation and driven by Hari Ram respondent No. 3 were involved. One Prakash Chandra the husband of the respondent No. 1 and father of respondent No. 2 who was travelling in the aforesaid jeep sustained injuries during the said accident and as a result of the injuries sustained by him he died on the spot. There after, the claim petition, giving rise to the present appeal, was filed by the claimants on May 13, 1979.

(3.) THE aforesaid claim petition was contested by the appellant Corporation and respondent No. 3, who filed separate but identical written statements, wherein they denied that the accident had been caused, as a result of rash and negligent driving of the bus, but pleaded that the accident had been caused on account of the negligence of the driver of the jeep and persons travelling in the said jeep.