N.P. Gupta, J. - (1.) This appeal has been filed by the appellant-Corporation, against the award of the Motor Accident Claims Tribunal, Dungarpur dated 27-8-96. making an award of Rs. 84,250/-, as compensation to the death of one, Nanu Ram.
(2.) The facts of the case are that, the claimants, being the widowed mother, widow, and two minor children of the deceased, Nanu Ram, filed a claim petition before the learned Tribunal, alleging that on 9-1-94, in the noon, the deceased along with the claimant No. 2, were returning from Aaspur, after having Darshan of Vijawamata, on way, in between villages Pindawal and Patiyan, the delinquent bus, No. RJ 14/PO-1040, came from the opposite direction, which was being run negligently, and at fast speed, dashed against the motorcycle, as a result of which, both the occupants of the motorcycle received serious injuries, and during the course of treatment, Nanu Ram expired. The deceased was said to be 45 years of age, and earning Rs. 100 per day. It was alleged that he was also having a Pass Port, and was going to Kuwait ones in span of every three years, and was earning an amount of around Rs. 1,00,000/- during the span of every five years. On these basis, the compensation of Rs. 20,00,000/- was claimed for the loss of income, then Rs. 3,00,000/- were claimed for loss of consortium, Rs. 10,000/- for expenditure incurred in medical treatment, and going to and fro Ahmedabad, Rs. 28,000/- were claimed for the cost of motorcycle.
(3.) The defendant contested the claim by alleging that, the accident was the result of negligence of the deceased himself. On the report being lodged in the Police, the Police also found the deceased to be negligent. It was alleged that, it was the deceased, who was driving the motorcycle negligently, and at a fast speed, therefore, he dashed against the bus without any fault of the driver of the bus. The amount claimed was also alleged to be exaggerated.;