Gokal Chand Mital, J. - (1.) ON 8th September, 1982 at about 4 P. M. on G. T. Road near village Khara Kheri, an accident took place between Jeep PUG 8240 driven by Ram Chander PW 1 and Bus RRB 7291 driven by Nand Ram RW 2 and owned by the Rajasthan State Road Transport Corporation ('for short 'the Corporation'). There were seven occupants in the deep out of whom four died and three were injured. The legal representatives of the deceased and the injured filed separate claim applications. While Chander Pal injured claimed Rs. 10,000/ - only, in other claim applications Rs. 40,000/ - were claimed. The claims were filed against the Corporation only. The case was contested by the Corporation and the entire blame for the accident was sought to be placed on the driver of the Jeep. On the contest of the parties the following issues were framed: 1. Whether the claimant has no locus standi to file the petition ? 2.WHETHER the petition is bad for non -joinder of necessary parties namely driver and owner of the Jeep ? Whether the accident was caused by the negligence of the driver of the Jeep No. PUG 8240 or the driver of the Bus No. RRB 7291 ? 3.TO what amount of compensation the Petitioner is entitled to and from whom ? 4.RELIEF .
(2.) On the evidence led in the case, the Motor Accident Claims Tribunal came to the conclusion that the driver of the Jeep and the driver of the bus were negligent and their contributory negligence was fifty -fifty. Since owner and driver of the Jeep were not made parties, 50 per cent of the compensation found due was awarded against the Corporation by a common award dated 30th April, 1984. Against the aforesaid award, FAO Nos. 754, and 851 to 856 of 1985 have been filed by the Corporation, in which cross -objections have been filed by the claimants. In FAO Nos. 852, 854 and 856 of 1984, applications under Order 6 Rule 17 of the Code of Civil Procedure were filed by the claimants, who sought enhanced compensation on the plea that when the claim applications were filed, advalorem court fees was payable and since the claimants were not in a position to pay the court fees, full amount was not claimed. Since now the amendment has been made for paying less court fees, enhanced compensation may be granted. The applicants were ordered to be heard with the main appeals. Accordingly, the appeals, cross -objections and the applications are being disposed of by this common judgment.
(3.) The liability of the Corporation to the extent of 50 per cent has not been disputed by Shri Munishwar Puri, Advocate, appearing for it. Moreover, appeals other than FAO Nos. 754, 852, 854 and 856 of 1984 have not seriously been pressed as reasonable compensation to the injured persons has been awarded. The argument was confined to the aforesaid four FA Os and two points were raised The first point raised was that since in the claim applications Rs. 40,000/ - were claimed and the liability of the Corporation which was found to be 50 per cent, claim beyond Rs. 20,000/ - could not have been awarded. The second point is that higher multiplier has been applied.;