Arun Bhansali, J. - (1.) THIS appeal is directed against the judgment and award dated 22.4.2011 passed by the Motor Accident Claims Tribunal No. 1, Jodhpur, whereby for death of one Ganga Ram, the Tribunal has awarded a sum of Rs. 3,50,000/ - as compensation alongwith interest @ 8.5% p.a. from the date of application i.e. 20.1.2009. Brief facts of the case may be noticed thus: the deceased Ganga Ram was going from Paota Subji Mandi to Raika -Bagh, when a bus belonging to the appellant and driven by its driver Oma Ram struck him and the deceased came under the rear wheel of the bus and ultimately, he succumbed to the injuries.
(2.) THE application for compensation was filed by his daughter Indra and two sons Rajesh and Ramesh, all three of them major. A reply to the application was filed by the appellant -Corporation and it was claimed that the accident occurred on account of negligence of the deceased himself and not on account of any negligence by the driver.
(3.) THE Tribunal framed two issues and based on the evidence led by the claimants i.e. AW -1 Rajesh and AW -2 Sanjay, who was eye -witness to the accident, came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the bus. The Tribunal without considering the loss of income awarded a lump sum compensation of Rs. 3,50,000/ -.;