Milap Chandra Jain, J. - (1.) This appeal has been filed for the enhancement of the amount of compensation against the judgment of the learned Judge Motor Accidents Claims Tribunal, Udaipur dated May 28, 1982 by which Rs. 75,000/- have been awarded as compensation to the claimant-appellants.
(2.) The facts of the case giving rise to this appeal may be summarised thus. On October 10, 1974, the deceased Kantilal was going from Jaipur to Udaipur in Bus No. RSM 9760. It was owned by Rajasthan State Road Transport Corporation (for short RSRTC) and was being driven by its driver Sher Mohd. (respondent No. 5). When it reached near the village Chanderia (Chittorgarh) at about 1 p.m., truck No. MHB 6317 was coming with an excessive speed from the opposite direction. It was registered in the name of Jitendrapal Singh (respondent No. 1) and was insured with the United India Fire and General Insurance Company (respondent No. 6). It was being driven by its driver Abdul Mazid (respondent No. 4). It had been earlier sold to Madanlal (respondent No. 2). There was head-on-collision of the said vehicles with a tremendous force. The truck turtled down on the road and the bus fell into a ditch on the kachha portion of the road. As a result thereof, several passengers of the bus including KANTILAL got injured. They were removed to the Government Hospital, Chittorgarh. The injured Knatilal died there at about 3.30 p.m. the same day. The claimant appellant No. 1 Lilaben is his widow, No. 2 Bhagwati is his daughter and Nos.3 Mahendra and No. 4 Navin are his sons. The deceased had two sources of income i.e. agriculture and partnership business. His net income was over Rs. 10,000/- per year. He was paying income-tax. On March 19, 1975, the claim petition was filed claiming Rs. 3.03,000/- as compensation.
(3.) The RSRTC, its driver Sher Mohd. and United India Fire and General Insurance Company Ltd., have filed their separate written-statements admitting that the accident took place in between the said two vehicles near the village Chanderia, several passengers received injuries including Kantilal and he died the same day as a result of the injuries received in the accident. The RSRTC and its driver have averred that the accident took place due to the rash and negligent driving of the truck by its driver Abdul Mazid (respondent No. 4). The opposite party- respondent No. 2 Madanlal has filed his separate written statement traversing all the averments of the claim petition. He has also averred that the said truck No. MHB 6317 had not been purchased by him and it is still owned by Jitendrapal Singh (O.P. No. 1). The truck owner Jitendrapal Singh and its driver Abdul Mazid did not file their written statement and case proceeded ex parte against them. The Tribunal had framed 8 issues. After recording the evidence of the claimants and Madanlal (O.P. No. 2) and hearing the parties, the Tribunal gave the said award. Opposite parties except O.P. No. 2 Madanlal did not produce any evidence.;