S.C.AGARWAL, J. - (1.) THIS is an appeal filed under Section 110 -D of the Motor Vehicle Act (hereinafter referred to as 'the Act'), against the award dated October 9, 1980, given by the Motor Accidents Claims Tribunal Udaipur (hereinafter referred to as 'the Claims Tribunal'), in Civil Miscellaneous Petition No. 64 of 1979, filed by the respondents Nos. 1 and 2 (hereinafter referred as to ''the claimants') against the Rajasthan State Road Transport Corporation, the appellant herein, and Shri Hari Rain Driver Respondent No. 3 under Section 110 -A of the Act. In the said claim petition the claimants had claimed for Rs. 17,05,000/ - as compensation. The claims Tribunal has awarded Rs. 6,17,600/ - as compensation to the claimants.
(2.) THE claim for compensation relates to a motor accidents which took place on the Banswara Partapur road, near village Talwara on January 29, 1979 at about 8.30 P.M. In the said accident, a jeep bearing No. RJY 3891 and a Bus bearing No. RRM 3885 owned by the appellant Corporation and driven by Hari Ram respondent No. 3 were involved. One Prakash Chandra the husband of the respondent No. 1 and father of respondent No. 2 who was travelling in the aforesaid jeep sustained injuries during the said accident and as a result of the injuries sustained by him he died on the spot. There after, the claim petition, giving rise to the present appeal, was filed by the claimants on May 13, 1979. In the claim petition, the claimants submitted that on the date of accident, i.e. on January 29, 1979, the deceased Prakash Chandra, was going from Banswara to Partapur, in jeep No. RJY 3891 which was being driven by Abdul Rahman the owner of the said Jeep. At about 8.30 P.M. when the jeep was about 1 1/2 kilometers from village Talwara, and was going at a normal speed. Bus No. RRM 3885 came from the opposite direction at a fast speed and as the bus was not under the control of the driver, the driver of the jeep stopped the jeep on one side of the road but in view of the fact that the driver of the bus was driving the bus in a rash and negligent manner, the bus hit the jeep, as a result of which Prakash Chandra sustained injuries on his person and died instantly and that even after the accident the driver of the bus did not stop the bus, Dilip Kumar who was travelling in the jeep at that time gave information about the accident to the Sarpanch of village Talwara, who informed the police there upon, Shri Suresh Chandra, Assistant Sub -Inspector of Police, arrived at the scene of the accident on the same night, he also recorded a report at the police station on January 30, 1979 at 8.15 A.M. Nathu Jogi who was also travelling in the jeep, sustained injuries as a result of accident, the ring of the head light of the bus and the foot board of the bus had fallen down near the scene of the accident. According to the aforesaid claim petition deceased Prakash Chahdra was partner in the firm M/s. Vijay Lal Harish Chandra at the time of the accident, his monthly income was Rs. 3,000/ - and that the deceased was spending about l/3rd of his income on himself and remaining 2/3rd income was being spent by him on the claimants. According to the claim petition the deceased was 31 years old at the time of the accident and the normal expectation of his life was 75 years. The claimants, therefore, claimed Rs. 15,05,000/ - as a compensation on account of loss of earning a a result of the death of Prakash Chandra and Rs. 2,00,000/ as compensation for the mental agony suffered by the claimants.
(3.) THE aforesaid claim petition was contested by the appellant Corporation and respondent No. 3, who filed separate but identical written statements, wherein they denied that the accident had been caused, as a result of rash and negligent driving of the bus, but pleaded that the accident had been caused on account of the negligence of the driver of the jeep and persons travelling in the said jeep.;