UTTAM KUMAR Vs. CHANDMAL

JUDGEMENT

(1.) THESE appeals have been filed against the common award of the Motor Accidents Claims Tribunal, Udaipur, dated 24th January, 1985, by which Rs. 15,200/ - has been awarded as compensation to the claimant -respondent Chandmal in appeal No. 60 of 1985 and Rs. 51,600/ - to the claimant -respondent Nos. 1 to 8 in appeal No. 85 of 1985 which has been given in two claim petitions arising out of the same accident. The facts of the case given rise to these appeals may be summarised thus.

(2.) ON January 28, 1981, bus No. RJL 9433 proceeded from Tonk for Bahubaliji (Mysore) via Jaipur, Ajmer, Udaipur, etc. It was being driven by its owner Uttam Kumar himself. During the night intervening 28th and 29th January, 1981, on the National Highway No. 8 near village Mokhampura, it dashed against the stationary truck No. RSY 6565. As a result thereof, the bus passengers Surajmal and his wife Kamla died on the spot and Chandmal and Ors. received injuries. The legal representatives of deceased Surajmal and Kamla filed claim petition No. 149 of 1981 claiming Rs. 3,40,709/ - as compensation and the injured Chandmal filed claim petition No. 148 of 1981, claiming Rs. 2,77,560/ - as compensation.

(3.) THE claimants of both the claim petitions have filed cross -objections for the enhancement of the amounts of compensation,