- (1.) Rajasthan State Road Transport Corporation (in short RSRTC) filed this misc. appeal under section 173 of the Motor Vehicles Act against the award dated 30..8.2005 of the Judge Motor Accident Claims Tribunal, (Additional District and Sessions Judge Fast Track No.1) Bharatpur ( in short MACT) in Claim Case No. 82/2005 awarding Rs.6,84,480/- to the claimants as compensation.
(2.) The facts have been set out in the impugned award and hence I am not repeating the same here except wherever necessary.
(3.) Brief facts of the case are that on 17.7.2004 Niranjan Singh and Khubi Ram were going to Nagar on their motor cycle bearing No. UP BSE- 6209, at around 8.00 a.m. when they reached from Deeg to Pahadtal on their way a Roadways Bus came from Nagar bearing No. RJ 14 P 6132 and hit the motor cycle causing death of both the persons. It was stated in the petition No. 82/2005 that the age of the deceased Khubi Ram was 50 years and was the pensioner and was also running a floor mill, earning ariound 6740/- per month through pension and Rs. 5000/- from floor mill, thus an amount of Rs. 39,40,000/- has been demanded in the claim petition. The RSRTC filed reply to the petition and stated that no accident was caused by the vehicle belonging to Roadways and disputed the other facts and averments also. The driver of the bus also submitted reply and stated that the driver of motor cycle was fully intoxicated and dead drunk and thus was not in a condition to drive the motor cycle properly. It was also stated that the owner of the motor cycle and insurance company have not been arrayed as necessary parties and thus the claim petition deserves to be dismissed.;