- (1.) THIS appeal is directed against the judgment and award dtd.6.7.2011 passed by the learned Motor Accident Claims Tribunal, Bikaner in Claim Case No.117/2006 ? Dungar Ram V/s Lalpuri and ors. whereby the Tribunal has awarded a sum of Rs.64,160/- as compensation.
(2.) BRIEFLY stated the facts of the case are that on 15.11.2006 the deceased Chawali Devi was travelling in Bus No.RJ07-P-2989. On account of rash and negligent driving by the driver, the said bus turned turtle and the passengers sitting in the bus received injuries and the deceased Chawli Devi, Sahi Ram and Jiya Ram died. The claimant who is the son of the deceased Chawali Devi filed the claim petition claiming compensation for the death of his mother Smt. Chawali Devi. The learned counsel for the appellant fairly submitted that 8 claim petitions have been decided by the impugned award dtd.6.7.2011 and 5 appeals out of same accident have been dismissed by this Court and one such order dtd.21.10.2011 passed by the coordinate bench of this Court being SBCMA No.2739/2011 ? New India Assurance Co. Ltd. V/s Smt. Rajkumari and ors. is placed on record. In the said case, this Court has observed as under: "In the circumstances, considering the smallness of quantum of compensation awarded by the learned Tribunal, it is not deemed appropriate to call upon the injured ? claimants to contest these appeals. However, this issue is left open to be decided in the appeals filed in death claim cases. If eventually the issue is decided against the owner of the vehicle and it is held that it was not the Insurance Company but the owner would be liable to pay compensation,which may be recovered from him, that order in respect of these claim petitions filed by the injured may also be passed therein. With this observation, this appeal is dismissed. However, dismissal of this appeal would not be read to mean approval of findings recorded by the Tribunal on any of the issues discussed in the award." For the reasons given in the case of New India Assurance Company Ltd. V/s Smt. Rajkumari (supra), the present appeal challenging the quantum is also liable to be dismissed. Accordingly, the present appeal is dismissed. No order as to costs. A copy of this order be sent to the opposite party as well as learned Tribunal forthwith. ;