D.P.GUPTA, J. - (1.) THESE two appeals arise out of a motor accident, which took place on May 3, 1966 Shri Rajbahadur Singh reached Kota Junction on the fateful morning by train and took a cycle rickshaw from the railway station to go to Bundi bus stand at Kota in order to catch the bus for Bundi. He had been selected at a competitive examination for the Rajasthan Judicial Service, occupying the fifth position and after undergoing the necessary training at Alwar, he was posted as Munsiff -Magistrate, Bundi. It was his first assignment in the State service and he was to join his duties as a Munsiff -Magistrate on May 3, 1966, at Bundi. But destiny willed otherwise and while the rickshaw in which Shri Rajbahadur Singh was sitting, was proceeding from Brij Talkies crossing on the slope leading towards the Bundi bus stand, a passenger bus, bearing registration No. RJR 915 came from behind. The bus collided in the first instance with Jeep No. DLJ 1329, which was at that time parked towards the left side of the road and thereafter the bus dashed against the rickshaw, which overturned as a result of the jolt and Shri Rajbahadur Singh was thrown out on the road and was run over by the aforesaid bus No. RJR 915. Shri Rajbahadur Singh sustained multiple injuries as a result of the accident, his first three ribs, were broken, the ciavical bones were fractured and the flame of lite blew off even before he could be removed to the hospital.
(2.) SHRI Rajbahadur Singh was a double M.A., L.L.B. and was 26 year of age. As mentioned above, he was appointed as a Munsif -Magistrate after being selected for the post in the Rajasthan Judicial Service He left behind him a younger widow of about 21 years of age and a daughter hardly 3 months old. His wife, who was at that time probably looking, forward to a life of prosperity and married happiness, was informed of his sad demise and of the fact that Shri Rajbahadur Singh could not even reach his, place of posting on account of the unfortunate accident, which over -took him at Kota. Thus all her plans and aspirations, were shattered. The widow of Shri Rajbahadur Singh filed an application for compensation before the Motor Accident Claims Tribunal, Kota, on behalf of herself and her minor daughter and prayed that a sum of Rs. 3,25,000/ - be awarded by way of compensation. The appellants Messrs Bhagchand Panjuram and Sobhag Singh, who are retrospectively the owner and driver of bus No. RJR 915, filed a joint written statement, accepted the fact that Shri Raj Bahadur Singh died on May 3, 1966, but they denied any responsibility for the accident and his death. According to these defendant -appellants the bus No. RJR 915 was not being driven rashly or negligently. Their story, as mentioned in para 9 of their written statement, is that Sobhag Singh was driving the bus carefully, but the rickshaw in which Rajbahadur Singh was sitting, was going very fast on the slope ahead of their bus and on account of the jolting caused by the sudden application of brakes by the rickshaw -puller, Shri Rajbahadur Singh was thrown, out who struck against the bumper of the bus in question and then fell down on the road and thus got injured. According to their version, their bus did not strike against the rickshaw in which Shri Rajbahadur Singh was travelling nor any part of hid body was run over by the bus. They claimed that they were not liable to pay compensation and in any event the amount of compensation claimed was highly exaggerated.
(3.) THE bus No. RJR 915 was insured with the Life Insurance Corporation of India, who filed a separate written statement, in which it substantially reiterated the stand taken up by. the owner and the driver of the bus and submitted in the alternative, that if at all the Corporation was found liable to pay damages, its liability could not extend to more than half of Rs. 20,000/ -under the Motor Vehicles Act, the other half to be borne by the Indian Mercantile Insurance Co Ltd. with which the bus in question was also alleged to have been insured, in addition to being insured with the Corporation.;