BHAGWATI Vs. SAWAI SINGH

JUDGEMENT

(1.) HEARD Mr. K.N. Tiwari, for the appellants and Mr. Vinod Tyagi for respondent No. 3.

(2.) THE facts in brief are that at about 6.15 p.m. on 27th August, 1991, Truck RRL -9691 collided with a Babool tree near Ladi Ki Puliya within the jurisdiction of Jamwa Ramgarh Police Station and then fell down under the Puliya. One Srawan La! died while the applicant -appellant Phool Chand Yogi sustained injuries in the accident. The injured Phool Chand Yogi and the legal representatives of the deceased Srawan filed two separate claims in the Motor Accident Claims Tribunal, Jaipur District Jaipur. Accordingly to the claim petitions, the driver Sawai Singh was driving the truck rashly and negligently. The learned Tribunal disposed of the two claims by one judgment and passed an award of Rs. 1,83,000 in favour of the legal representatives of the deceased Srawan and an award of Rs. 21,000 was passed in favour of the injured Phool Chand. The claimants have filed these two appeals against the judgment of the learned Tribunal dated 13th May, 1996.

(3.) THE learned Counsel for the respondent No. 3 has supported the judgment of the learned Tribunal and has said that there is no ground for interference.