Sandeep Mehta, J. - (1.) THE instant appeal is preferred by the appellant Rajasthan State Road Transport Corporation Ltd. (hereinafter referred to as 'corporation' in short) against the judgment and award dated 22.4.2000 passed by the learned Judge, Motor Accident Claims Tribunal, Naguar in MAC No. 63/97 whereby the learned Tribunal accepted the claim petition filed by the respondents No. 1 to 5 and awarded a total compensation of Rs. 2,98,000/ - to the respondents the legal heirs of late Kishore Singh.
(2.) FACTS in brief are that a claim petition was filed by the claimants respondents with the averments that the deceased Kishore Singh on 8.6.1997 collected firewood in his camel cart and started from his village towards Nagaur. It was averred in the claim petition that one Sardar Khan was also accompanying Kishore Singh in the cart. When the camel cart reached to a distance of about 5 Kms. from village Rol towards Nagaur, a roadways bus bearing registration No. RJ19.P.3037 being driven rashly and negligently and at a high speed by Razak Khan came from toward Deedwana and hit the camel cart from behind. As a result of the collision, Kishore Singh and Sardar Khan were thrown off the cart. Both of them sustained grievous injuries. The camel died because of the impact and the cart was also damaged severely. Kishore Singh was taken to the hospital and whilst undergoing treatment he expired. It was stated in the claim petition that the deceased was a young person of about 30 years of age and was carrying on the vocation of transporting agricultural goods in the camel cart thereby he was earning Rs. 3500/ - per month. A total claim of Rs. 11,21,000/ - was laid before the learned Tribunal. Appearance was put in on behalf of the corporation. The plea taken in the reply was that Kishore Singh and the co -occupant Sardar Khan were sleeping in the camel cart. The camel was carrying the cart on his own and did not let the bus pass through. The bus driver honked the horn of the bus in order to warn the cart rider. On hearing the horn, the camel was startled and suddenly came to the middle of the road resulting into the collision. Thus, it was stated that the negligence in accident was contributory of the cart driver also and not of the driver of the bus alone. It was also submitted that the compensation sought in the claim petition was highly exaggerated. The learned Tribunal framed the following issues for deciding the claim: "(1) Whether the driver of the bus owned by the corporation drove the bus at a high speed rashly and negligently and collided with the camel cart resulting into deceased receiving grievous injuries and subsequently expired? (2) Whether the claimant is entitled to get the compensation of Rs. 11,21,000/ -? (3) Whether the accident was a result of contributory negligence and if yes, then its effect on the claim? (4) Relief -
(3.) ON the basis of the evidence led before it, the learned Tribunal decided all the issues in favour of the claimants and accepted the award and granted the compensation to the claimants as above. Hence, this appeal has been filed by the corporation seeking deduction in the award on two grounds viz. (i) the claim being excessive and (ii) the contributory negligence for the accident being that of the deceased himself and thus, the claim should be reduced as per the degree of negligence.;