LAXMAN RAM Vs. BHOOR SINGH AND OTHERS

JUDGEMENT

(1.) Present batch of appeals arises out of a common judgment and award dated 16.06.2003 passed by the Motor Accident Claims Tribunal-I, Jodhpur in Claim petition Nos.207/1999,315/1999, 198/2001, 280/1999 and 314/1999, therefore, the same are being decided by this common judgment.

(2.) Brief facts necessary to be narrated for adjudication of the appeals are that on 16.10.1998, deceased Smt. Kamla, Smt. Bhanwar Kanwar, Mohan Ram Meghwal, Hem Singh and Chutra Ram were travelling in Jeep No.RJ-19/T-1099 from Setrawa to Balesar. The due fair for travelling in the Jeep was paid. The Jeep was being driven by Bhoor Singh. At around 3:30 pm in the afternoon, at some distance from Phalodi diversion (Phanta), the jeep in which the deceased were travelling met with an accident with Mini Bus No.UGP-4244. The bus was being driven by its driver Goverdhan Ram Rao. Smt. Kamla, Smt. Bhawar Kanwar, Mohan Ram and Chutra Ram died on the spot. Hem Singh was grievously injured but he also died after two months during the treatment.

(3.) In these circumstances, claim petitions were filed before the Motor Accident Claims Tribunal-I, Jodhpur seeking compensation under different heads. The respondents No.1 and 2 filed reply to the claim petitions and defended the claim stating therein that the driver of the Jeep Bhoor Singh was driving the Jeep on the correct side of road under the controlled speed but the offending Mini Bus was being driven rashly and negligently by its driver and it collided with the Jeep on wrong side.