R.S.R.T.C. Vs. JETHI

JUDGEMENT

(1.) The aforesaid four appeals are being decided by this common judgment as the same arise out of common Judgment and Award dtd. 20/11/2017 passed by the Judge, Motor Accident Claims Tribunal, First, Jodhpur, in Claim Case No. 720/2012 (NCV No. 1930/2014) titled as "Smt. Jethi and Ors. v. Ghanshyam Singh and Ors." and Claim Case No. 561/2012 (NCV No. 1929/2014) titled as "Smt. Raju Devi and Ors. v. Ghanshyam Singh and Ors.".

(2.) In Claim Case No. 720/2012 the Tribunal awarded a total sum of Rs.9,36,808.00 and in Claim Case No. 561/2012. The Tribunal awarded a total sum of Rs.10,03,696.00 as compensation in favour of the claimants on account of death of Premaram and Omprakash alias Omaram, respectively, in an accident.

(3.) CMA Nos. 776/2018 and 1050/2018 have been filed by the appellant-R.S.R.T.C., owner of the offending bus, challenging the award impugned on the ground that the Tribunal erred in recording the finding that driver of the Roadways vehicle was liable for rash and negligent driving. The alternative plea of the appellant-RSRTC is that the quantum of compensation assessed by the Tribunal is excessive. On the other hand, CMA Nos. 623/2018 and 633/2018 have been filed by the claimants, who are legal heirs of deceased Premaram and Omprakash, seeking enhancement of compensation amount awarded by the Tribunal in their favour on the ground that the Tribunal erred in not accepting income of deceased Premaram and Omprakash @ Rs.12,000.00 per month and in awarding compensation on the basis of minimum wages of Rs.3,822.00 per month (for unskilled labour) and Rs.4,342.00 per month (for skilled labour), respectively.