K.C.AGRAWAL,C.J. - (1.) RAMU and Goran are the parents of the deceased Sarwan, who have filed this appeal against the award dated 28.4.1986 passed by the Motor Accidents Claims Tribunal, Jaipur.
(2.) THE case of the appellants is that the deceased Sarwan was killed in an accident with bus No. RRG 7604 of the Rajasthan State Road Transport Corporation (for short 'Corporation') on 17.8.1981. The accident was due to rash and negligent driving by Mohan Lal, driver. Sarwan was only 17 years of age and was earning Rs. 25/ - per day as a mason. Compensation in the sum of Rs. 4,95,250/ -was claimed. The Corporation and Mohan Lal, driver, contested the claim petition. Written statements of both these defendants were on the same line that the accident did not take place in the manner asserted by the claimants but it was due to the own fault of the deceased who appeared all of sudden before the running bus. In fact, the deceased himself dashed against the bus resulting in fatal injuries.
(3.) ON behalf of the appellants, three witnesses, namely, Ranveer, Ramu and Dhannaram, were produced. They supported the claim of the appellants by saying that the accident took place due to rash and negligent driving. Mohan Lal, bus driver, also came in the witness -box to support the case of the Corporation. He stated that the bus had just left the last stoppage and it was not being rashly driven by him. The accident was due to the negligence of the deceased and not due to rash driving by him.;