Ajit Kumar Nayak, J. - (1.) These two appeals, one by the claimant petitioners and the other by the objector, Calcutta State Transport Corporation (hereinafter referred to as Corporation), are directed against the judgment and order, dated 28th May, 1982, passed by Motor Accident Claim Tribunal, Additional District Judge, Midnapore in J. Misc. Case No. 10 of 1980, awaking compensation of Rs. 101304 to the claimant/petitioners, the wife and children of the deceased and further directing payment of interest on failure to pay such sum within a period of two months from the date of award.
(2.) The case of the claimant petitioners, viz., the wife and four, sons and two daughters of the deceased, late Sri Chittaranjan Mal was that on the fateful day, i.e., on 6th August, 1979 late Sri Mal was travelling by a Calcutta bound State Transport Corporation Bus No. W.B.S. 1805 on N.H. 6, the National High Way, on 6th August, 1979, at about 11-30 a.m., the said bus while being driven at a very high speed and in rash and negligent manner near Kharagpur, the driver lost control of the bus which suddenly went off the road and fell into a way side ditch or water pool resulting in the instantaneous death of one of the passengers and injury to a large number of passengers. Sri Chittaranjan Mal, the deceased, sustained serve bodily injuries when he was rescued by the local people and was sent for treatment to Sadar Hospital, Midnapore where he succumbed to this injuries on 13th August, 1979. A sum of Rs. 2,71,520 was claimed as compensation before the Claims Tribunal by the claiment|applicants for the consequent loss of income, mental shock and medical expenses incurred for the deceased.
(3.) The opposite party, Calcutta State Transport Corporation, contested the application by filing written objections, denying that the accident took place due to rash and negligence of the driver or that the bus being driven at high speed and asserting that the accident took place due to excessive rain and slippery condition of' the road way. The learned Tribunal Judge awarded the aforesaid sum of Rs. 101304 as compensation to the claimant|applicants, on a finding that the accident ultimately causing the depth of the deceased took place due to rash and negligent driving by the driver of the opposite party/corporation and also in consideration of the age of the deceased, his earning capacity both existing and potential, and the loss sustained thereby in consequence of his death by the members of his family.;