RONAK BEGUM Vs. JORASINGH

JUDGEMENT

(1.) These appeals are directed against the Award dated 24-11-1993 passed by the learned Motor Accidents Claims Tribunal, Nagore whereby the learned Tribunal has awarded a sum of Rs. 2,74,000/- to the claimants of MACT Case Nos. 11/88[17/88New] and Rs. 1,50,000/- to the claimants of MACT Case No. 16/88[18/88 New].

(2.) The brief facts of the case are that on 6-9-1987, a private Bus No. 5687 which was going from Jodhpur to Nagore collided with a Private Ambassador Car No. HPA 1281 coming from Nagore to Jodhpur. As a result of the above collision, the owner and driver of the said Ambassador Car Shri Majid Khan and one Shri Jagsingh (Jabarsingh) a passenger in that Ambassador car lost their lives. The said Bus was being driven by Driver Jorasingh and it was owned by respondent Jaswant Singh. The Bus was insured with United India Insurance Company, Jodhpur vide Cover No. 045737 with effect from 4-5-1987 to 3-5-1988. It is alleged that the above Bus was coming from Jodhpur to Nagore whereas the Car was going from Nagore to Jodhpur. A bus of the Rajasthan State Road Transport Corporation was proceeding ahead of the above Bus. The Bus Driver Jorasingh wanted to overtake the above Bus of Rajasthan State Road Transport Corporation and in that process, that Bus collided with the Ambassador Car, as a result of which, the Driver of the Car Shri Majid Khan and passenger Jabarsingh died after sustaining fatal injuries.

(3.) The dependants of Owner and Driver of the Ambassador Car Shri Majid Khan viz., Smt. Ronak Begum and others have filed Claim Petition No. 11/88 [17/88 New] whereas the dependants of passenger Shri Jabarsingh have filed Claim Petition No. 16/88 [18/88 New]. The claimants have alleged that the above accident occurred on account of the rash and negligent driving of his Bus by Driver Jorasingh which resulted in the death of Majid Khan and Jabarsingh. The claimants of Majid Khan and Jabarsingh claimed compensation to the tune of Rs. 5,46,000/- and Rupees 6,91,000/- respectively.