DHAPA KANWAR Vs. KISHANLAL

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 directed against the judgment passed by the Motor Accidents Claims Tribunal, Sikar passed in MACT Petition No. 84 of 1989 awarding Rs. 12,500/ - to the appellants, who are the dependants of the deceased, Gulab Singh, having died in an accident in between a jeep bearing No. RRB 8505 and bus No. RRM 1082 on the 11th August, 1989. As a result of the two vehicles colliding, Gulab Singh, the husband of the appellant No. 1, and father of the appellant Nos. 2 to 4, driving the jeep aforesaid, received serious injuries and died in the hospital on being taken there for treatment. The claim of the appellants was that accident occurred due to the sole and exclusive negligence of the driver of the aforesaid bus belonging to the Rajasthan State Road Transport Corporation (for short 'the Corporation').

(2.) DURING the pendency of the claim petition an application under Section 140 of the Motor Vehicles Act was moved for payment of Rs. 25,000/ - as no fault compensation against the Corporation.

(3.) THE Tribunal held that the accident since had occurred because of a collision of the jeep as well as the bus of the Corporation, liability of no fault compensation payable under Section 140 of the Act had to be divided amongst them and the Corporation could be made liable to payment of only Rs. 12.500/ -.