R S R T C Vs. OGAM

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 13.8.1993 passed by the Judge, Motor Accident Claims Tribunal, Barmer in Civil Misc. Case No.66 of 1989 whereby the learned Judge has allowed the claim petition in favour of claimants and has held liable non-claimant-appellants No.1, 2 and 3 jointly and severally to make payment of the awarded compensation of Rs.2,20,000/(-(inclusive of the amount of Rs.25,000/- awarded under No Fault Liability) with interest @ 12% per annum on the balance amount from the date of filing of the claim petition i.e. 29.7.89 till its realization. In case, the awarded amount is not paid within a period of three months, the interest @ 15% shall be given on the awarded amount from the date of filing the claim petition.

(2.) Briefly stated the facts giving rise to the claim petition are that, on 5.11.1993, RSRTC Bus No.3153, which was being driven by Non-claimant No.3-Guman Singh driver rashly and negligently at high speed on the route of Baytu- Barmer, at about 1 Km from village Kawas, hit a Zonga bearing No.DAD 4193 at 8.15 PM, as a result of which, the persons sitting in the Zonga sustained simple as well grievous injuries on their persons. It was alleged in the claim petition that Kanaram who was sitting in the said Zonga received grievous injuries, and on account of that, later on he died. At the time of accident, Kana Ram (deceased) was 20 years old. He was having good physique and he was working as Black-smith and used to earn about Rs.1200/- per month.The claimants are widow,daughter,mother,father and brother of the deceased.

(3.) They were dependent on the income of Kanaram. He was bread- winner of the family. The said Zonga was owned by respondent No.7-Smt.Jethi Devi and was insured with United India Insurance Company Limited (respondent No.8).