S.N.BHARGAVA,J. - (1.) THESE two appeals are directed against the award dated 12.9.1988, passed by the Judge, Motor Accidents Claims Tribunal, Jaipur, awarding a sum of Rs. 77,000/ - as compensation payable to the claimants by respondent Nos. 1,2 and 3 (in appeal No. 333 of 1988) jointly and severally together with interest at the rate of 9 per cent per annum from the date of filing the claim petition till its payment. Therefore, they are being disposed of by this common judgment.
(2.) AS per the facts mentioned in S.B. Civil Misc. Appeal No. 333 of 1988, Daulat Ram, aged 24 years, was going home after his duties in the Secretariat and he was dashed by jeep No. RSL 5609 belonging to the Irrigation Department, Government of Rajasthan, which was being driven rashly and negligently by Kalyan Singh, driver. The claimants are mother of the deceased, wife of the deceased and daughter of the deceased who preferred a claim petition before the Motor Accidents Claims Tribunal, Jaipur (in short 'the Tribunal'). Reply to the claim petition was filed and on the pleadings of the parties, following issues were framed by the Tribunal: The Tribunal held that on 15.2.1971, accident occurred on account of rash and negligent driving of jeep No. RSL 5609 by its driver Kalyan Singh and awarded only a sum of Rs. 77,000/ - as compensation together with interest at the rate of 9 per cent per annum from the date of filing of the petition till its payment, jointly and severally, against the State of Rajasthan and the driver of the vehicle, Kalyan Singh. The claimants feeling themselves aggrieved by the quantum of compensation awarded have preferred S.B. Civil Misc. Appeal No. 333 of 1988 and the State of Rajasthan has also preferred S.B. Civil Misc. Appeal No. 339 of 1988. Both these appeals are being disposed of by this common judgment.
(3.) THE State of Rajasthan in its appeal has challenged the award passed by the Tribunal on the ground that it has not been proved that the accident occurred on account of rash and negligent driving by the driver but it was a fault of the deceased himself. It has further been submitted that the amount of compensation awarded is on the higher side and no interest should have been awarded.;