SATYA PRAKASH PATHAK, J. - (1.) THESE two Misc. appeals under Section 173, Motor Vehicles Act, 1988, for enhancement of award have been filed against one and the same award dated 16.3.1993 passed by Motor Accident Claims Tribunal, Jaipur, in MAC Case Nos. 812/91 (old No. 394/88), Alok Kumar v. Prem Singh and Ors. and 103/93 (old No. 502/88) Smt. Koyall and Ors. v. Prem Singh and Ors. whereby the learned Judge, Motor Accident Claims Tribunal awarded compensation amounting to Rs. 69,600 and Rs. 60,000 respectively in both these appeals. The appellants in both the appeals have prayed for awarding the amount of compensation as was originally claimed by them in the claim petitions filed before the learned Tribunal with suitable rate of interest from the date of filing of the claim petition. For disposal of these appeals, I take the facts of both the appeals one by one. (1) S.B. Civil Misc. Appeal No. 405/1993, Alok Kumar v. Prem Singh and Ors.
(2.) THE facts in nutshell as have been stated in the claim petition are that the mother of appellant Smt. Tara Devi was travelling in Bus No. HYG 4144 on 19.3.1988, at about 8.15 p.m. Truck bearing No. HRU 8213 coming from Delhi side driven in a very fast speed in rash and negligent manner dashed against the bus in which his mother was travelling and which resulted in an accident causing grievious injuries to her and she ultimately died. A report of the accident was lodged under Sections 379, 304A, I.P.C. and after investigation challan was filed in the Court of Munsif Magistrate, District Jaipur and a Case No. 71/88 was registered. It was further stated in the claim petition by applicant Alok Kumar that his mother was healthy and stout lady who was a perfect housewife and was having good knowledge of tailoring. It was stated that the applicant was dependent on her as his father had expired earlier to that on 12.10.1985. She was having an income of about Rs. 1,000 per month and due to untimely said demise of her mother the loss caused is impossible to be compensated, however, he claimed a sum of Rs. 4,52,000 under different heads with interest @ Rs. 18% per annum.
(3.) THE respondents non -applicant Nos. 1 and 2, the driver and the owner of the truck filed their reply to the claim petition and pleaded that the truck in question was being driven in a moderate speed and while it was passing by the side of the bus, the deceased, who was vomiting outside the bus -window was injured due to her head being entangled between truck and the bus for which the driver of the bus was responsible. It was also stated that the compensation amount claimed was exorbitant for which there was no justification or basis. They denied their responsibility for the accident and pleaded that even if driver of the truck is found to be responsible then too the truck being insured, the Insurance Company was liable for payment of the compensation amount. They prayed for dismissal of the claim petition against them with costs.;