- (1.) Rajasthan State Road Transport Corporation and its Chief Manager (in short RSRTC) filed the above misc. appeal under section 173 of the Motor Vehicles Act against the award dated 18.11.2006 of the Judge Motor Accident Claims Tribunal,Alwar ( in short MACT) in Claim Case No. 50/2001 awarding Rs. 3,47,400 to the claimants. After receipt of notice of this appeal the claimants, who are respondents in the appeals ( in short claimants) have filed cross objections in the appeal filed by the RSRTC. Since the appeal and the cross objections arise from a common award, it will be proper for this Court to decide the appeal and the cross objections by this common order.
(2.) The facts have been set out in the impugned interim award and hence I am not repeating the same here except wherever necessary.
(3.) Brief facts of the case are that Rakesh Kumar, who was son of the claimants, who was on motor cycle went to village Khairthal to see his sister and when he was returning back then near the temple of Dhakpasan he was hit by the roadways but No. RJ 02 P 0583 which was being driven rashly and negligently by the respondent No.3. On account of collision Rakesh Kumar died for which an FIR was lodged being FIR No. 80/2001 and after investigation challan was filed. The claimants filed a claim petition for awarding compensation on account of death of Rakesh Kumar.;