Vyas, J. - (1.) The instant appeal has been filed against the award dated 20.1.1992, passed by the Motor Accidents Claims Tribunal, Jaipur, decreeing the total claim for a sum of Rs. 1,10,400 with interest at the rate of 12 per cent per annum from 9.6.1989. The claim amount was ordered to be paid within three months, failing which 15 per cent interest was ordered to be paid.
(2.) Brief facts leading to the filing of the present appeal are that one Abdul Saeed was working as conductor of Tempo. On 30.4.1989, at 2.45 p.m. when Tempo after taking passengers from Sanganeri Gate, started for Jal Mahal and reached the turn of Shanker Gate, bus No. RSG 2532 of Rajasthan State Road Transport Corporation, being driven rashly and negligently by Munnalal, driver of R.S.R.T.C., came from behind in fast speed and dashed with the said Tempo, as a result of which Abdul Saeed received grievous injuries and he succumbed to his injuries on 5.5.1989.
(3.) A case, bearing No. 87 of 1989, was registered under sections 279, 337, 338 and 304-A, Indian Penal Code at Police Station, Brahampuri, statements of the witnesses were recorded and investigation was carried out by the police.;