MILAP CHANDRA JAIN,J. - (1.) THE appeal No. 58 of 1985 has been filed by the owner of the tractor No. RRK 6396, Sheokaran, appeal No. 122 of 1985 has been filed by the driver Gurdev Singh of the bus No. RSG 3005 and appeal No. 137 of 1985 has been filed by the owner of this bus, Rajasthan State Road Transport Corporation, Jaipur, against the award passed by the learned Member, Motor Accidents Claims Tribunal, Sri Ganganagar, dated November 29, 1984, granting compensation to the claimants to the tune of Rs. 2,00,000/ - with interest at the rate of 9 per cent per annum. The facts of the case giving rise to these appeals may be summarised thus.
(2.) ON January 3, 1980, the claimants Surjeet Kaur, Gurnam Kaur and Manjeet Singh, widow, mother and son of the deceased Darshan Singh respectively, filed claim petition with the allegations that July 8, 1979. The same day at about 7 p.m. Darshan Singh had gone to Padampur on bus No. RSG 3005 stopped near the office of the truck union, Padampur, it was going from Ganganagar to Gajsinghpur and was being driven by its driver Gurdev Singh, Late Darshan Singh boarded it. It started with great speed. When the bus came in front of the office of the truck union, Padampur, a pipe fixed in the trolley of tractor No. RRK 6396 standing on the road struck on the head of late Darshan Singh. It entered in the bus through its window and it also damaged the window. He fell down there. The accident occurred due to the rash and negligent driving of the said bus by its driver Gurdev Singh and also due to the keeping of the said tractor and trolley on the road. Darshan Singh died on the spot. Report was lodged in the Police Station, Padampur and investigation commenced. Late Darshan Singh was 23 years old. He was carrying on the business of sale and purchase of cattle besides doing agriculture and selling milk. His monthly income was about Rs. 1,000/ -. If he would not have died in the accident, he would have attained the age of 75 years at least. The claimants were fully dependent upon him. They are entitled to get Rs. 9,50,000/ - with interest. The Rajasthan State Road Transport Corporation admits in its written statement that the said bus No. RSG 3005 belongs to it, it was being driven by its driver Gurdev Singh at the time of the accident, accident took place near the office of the truck union, Padampur, late Darshan Singh boarded the bus and in the accident he received injuries and died on the spot. The remaining allegations of the claim petition have been denied. It has further been averred that late Darshan Singh boarded the bus after it had started and was in motion, he was standing on the footboard of the bus at the time of the accident, the open door of the bus struck with the trolley and as a result thereof it got broken and the accident occurred due to the negligence and carelessness of the deceased himself. Similar is the written statement of the driver of the said bus, Gurdev Singh. He has also averred that the owner of the tractor No. RRK 6396 is a necessary party as the accident occurred also due to his negligence. On April 2, 1980, the claimants moved an application that the owner, driver and the insurance company of the tractor No. RRK 6396 may also be impleaded as parties in the claim petition. It was allowed. Amended claim petition was filed on April 9, 1981. The owner of the tractor Sheokaran filed his written statement admitting that he is owner of the said tractor No. RRK 6396, accident occurred on January 3,1980, Darshan Singh received injuries and died the same day. The remaining averments of the claim petition have been denied by him. He has further averred that he has been impleaded in the claim petition after expiry of limitation, as such it deserves to be dismissed against him on the ground of limitation also, his tractor and trolley were not at all responsible for the accident, at the time of the accident they were standing at a great distance from the main road and the trolley of the tractor belongs to his brother Govind Ram. Govind Ram has also filed his written statement traversing almost all the averments of the claim petition and stating that he has no concern with the said tractor and trolley and the claim petition is also time -barred.
(3.) AFTER framing necessary issues and recording the evidence of the parties and hearing them, the Tribunal held that the accident occurred due to the negligence and carelessness of the driver of the said bus No. RSG 3005 and the owner of the tractor No. RRK 6396, the driver of the bus is responsible for the accident to the extent of 90 per cent and the owner of the tractor to the extent of 10 per cent, the deceased was 25 years old at the time of the accident, he was earning Rs. 1,000/ - per month and accordingly granted compensation as said above. It has also held that the claim petition against the tractor owner Sheokaran is not time -barred.;