SANDEEP MEHTA,J. - (1.) The instant appeal is preferred by the appellants Claimants against the judgment and award dated 2.2.2001 passed by the learned Motor Accident Claims Tribunal, Udaipur in M.A.C. Case No. 320/1996 whereby the claim application filed by the claimants applicants under Section 166 of the Motor Vehicles Act (for short hereinafter called "the Act") was partly allowed and as against the claimed compensation of 11,81,800 on account of death of Devi Singh in a road accident, the claimants were awarded compensation to the tune of 2,33,800.
(2.) The findings recorded by the learned Tribunal on the issues of rash and negligent driving of the Bus No. RJ-14-P-4273 owned by the Rajasthan State Road Transport Corporation by its driver, the entitlement of the claimants to receive compensation after rejecting the defences raised by the respondents and the liability of the non claimants to satisfy the award have not been challenged and have become final. The factual aspects on these issues need not be deliberated upon.
(3.) The deceased Devi Singh was aged 30 years. On 6.11.1995 when he was travelling in a tempo, the aforementioned bus owned by the Corporation collided with the tempo causing the instantaneous death of Devi Singh. The claimants averred in their claim application that the deceased was having an income 3,000 by working in the Adinath Oil Mill. He was also having agricultural income of 1,500 per month and accordingly, a claim of 11,81,800 in all was laid before the Tribunal under various heads. The Tribunal accepted the averments of the claimants regarding the salary of the deceased by working in Adinath Oil Mill at 3,000 per month. However, the plea of agricultural income was discarded and rightly so in the opinion of this Court.;