R S R T C Vs. CHANDRA KANTA

JUDGEMENT

(1.) THESE five appeals have been filed by the Rajasthan State Road Transport Corporation against the joint awards dated 20th April, 1981, made by the Motor Accident Claims Tribunal, Jodhpur, in favour of the five different claimants by a single order, as the five appeals are directed against this single order; they are being disposed of together by a common order.

(2.) THE facts giving rise appeals briefly stated are that on 22 -3 -1975 Mahendra Kumar, Chandra Kama, Kumari Amita, Mangi Bai and deceased Lalit Kumar were coming from Mt. Abu towards Abu Road in a car -taxi No. G.T.F. 9169 at about 11.30 A.M. When they came near Talhati, a bus NO. R.R.M. 6531 belonging to the Rajasthan State Road Transport Corporation came from the side of Abu Road. It is alleged that the taxi -car was being driven by Hans Raj and bus was being driven by Sbivnath Singh, and, both the vehicles were being driven rashly at a high speed. The two vehicles collided resulting into the deaths of Lalit Kumar and Hans Raj and injuries to the other occupants of the taxi car. The injured were first taken to the Abu Road Hospital and then they were taken to the 'Vadi Lal Sara Bhal Hospital, Ahmedabad'.

(3.) AGGRIEVED of this, now, the Rajasthan State Road Transport Corporation filed the present appeals. Cross -objections have also been filed on behalf of the claimants as well as by respondent No. 3. So far as respondent No. 3 is concerned, his case is that the driver of the taxi was not at all rash and accident did not take place on account of his rashness, and therefore, respondent No. 3 could not be held liable for any damages. So far as the claimants are concerned, they have asked for enhancement of the amounts of the award and have also prayed that interest should have been awarded at the rate of 12% on the amount of award from the date of accident upto the date of payment. The claimants have also prayed for increase of the liability of the Insurance Company.