- (1.) This appeal is directed against judgment and award dated 20.12.2006 passed by the Motor Accident Claims Tribunal and Additional District & Sessions Judge (Fast Track) No.3, Jaipur District, Jaipur ('the Tribunal'), whereby, a sum of Rs.4,25,000/- has been awarded as compensation alongwith interest @ 9% from the date of filing application for compensation ('the application') i.e. 06.03.2006.
(2.) The facts in brief may be noticed thus: the claimants Miss. Guddi and Kailash Chandra filed application for death of their mother/wife Smt. Pinki, who was travelling on a motor cycle with her brother alongwith the child, it was alleged that a bus belonging to the appellant Corporation, which was being driven rashly and negligently by respondent No.1 Chandra Bhan, struck the said motor cycle resulting in Smt. Pinki falling down and sustaining injuries and ultimately succumbing to her injuries. The deceased was aged 22 years and it was claimed that she was earning Rs.10,000/- per month. Consequently, in view of the above, the claimants claimed a sum of Rs.81,25,000/- as compensation.
(3.) A reply to the application was filed by the appellant Corporation. It was, inter alia, submitted that the accident occurred on account of negligence of the driver of motor cycle and the Corporation cannot be held liable for the amount of compensation. In the alternative, it was submitted that the driver of the motor cycle had contributed to the accident and, therefore, on account of contributory negligence, the compensation be determined.;