HEERALAL Vs. PUSHPA DEVI

JUDGEMENT

(1.) THIS appeal under Section 110 -D of the Motor Vehicles Act, 1939, is directed against the award dated September 20, 1982, passed by the Motor Accidents Claim Tribunal, Udaipur, awarding a sum of Rs. 72,000/ - as compensation to the claimants.

(2.) THE accident took place on December 15, 1974, on the Chittor - Bhilwara to Hitnmatlal, who was doing motor business and was aged 26 years. A claim -petition was filed by his wife, minor son and parents on May 3, 1975, before the Accidents Tribunal. It was alleged that Himmatlal was going on his motor -cycle from Chittor to Ajmer. When he was in front of the Labour Colony, near Chaadria village, the bus RJY -3872, hit him from behind. He was run over and died then and there. The bus was registered in the name of Heeralal, appellant herein, as owner and the driver of the bus was Rameshwarlal. It was alleged that the driver was driving the bus rashly and negligently. It was going on such a fast speed that it could stop after 70 -80 ft even after the driver applied the brake. Heeralal, appellant, was expert.

(3.) AGGRIEVED by the aforesaid award, passed by the Tribunal, Mr. Heeralal and Mr. Rameshwarlal have filed the present appeal in this Court.