H.R. Panwar, J. - (1.) This appeal is directed against the judgment and award dated 12.6.1996 passed by Motor Accident Claims Tribunal No. 2, Udaipur (for short the Tribunal'). whereby the Tribunal awarded compensation of Rs.6,80,000/- in favour of respondent-claimants No. 1 to 6 (for short 'the claimants') and against the Rajasthan State Road Transport Corporation, Jaipur (for short 'the Corporation'). aggrieved by the judgment and award impugned, the Corporation has filed the instant appeal.
(2.) Briefly stated facts which are relevant and necessary for decision of this appeal are that on 5.1.1995 at about 8.45 PM., Kanhaiya Lal was proceeding from village Parsad to Peepli. He was walking on his correct side of the road. At the relevant time, the bus owned by the Corporation bearing No. RJ-14 P-1558 came from opposite direction, which was driven by its driver respondent No. 7 Sarafat Ali at a great speed and rashly and negligently, suddently went towards extreme wrong side of the road and hit Kanhiya Lal, who succumbed to injuries instantaneously. The said accident took place near the hotel owned by AW 3 Vijay Kumar. The claimants, who are the legal representatives of deceased Kanhiya Lal filed a claim petition before the Tribunal claiming compensation of Rs. 90,21,000/-. The corporation filed its written statement denying negligence of its driver respondent No. 7. However, the accident was not disputed. It was further pleaded that deceased himself was intoxicated as he had consumed alcohol and, therefore, the deceased himself was negligent for the said accident. Before the Tribunal, the claimants produced AW 1 Somibai widow of deceased. AW 2 Kamlesh son of deceased and AW 3 Vijay Kumar, eye-witness of the occurrence. The Corporation produced NAW-1 Sarafat All, the bus driver and NAW-2 Vishnu Dass, the bus conductor. On appreciation of the evidence, the Tribunal held that the said accident was due to rash and negligent driving of the Corporation's bus by its driver respondent No. 7. While computing compensation, the Tribunal assessed and awarded Rs.6,80,000/- as compensation.
(3.) I have heard learned counsel for the parties, perused the judgment and award impugned as well as the record of the Tribunal. I have also carefully gone through the pleadings and the evidence produced by the parties.;