- (1.) The two appeals above noted are directed against the same award and judgment dated 30th January, 2004, passed by the Motor Accident Claims Tribunal (Essential Commodity Act), Jaipur, in claim case No.202/2004, (Manna Ram Kumawat Vs. RSRTC and ors.), and therefore, have been taken up for adjudication by this common judgment and order.
(2.) Briefly, the skeletal material facts necessary for appreciation of the controversy needs to be first noticed. On 24th December, 2001 at about 4.00 PM, while the deceased Lal Chand Kumawat, was traveling in Jeep No. RJ-14-1C-0347, died of an accident, as the Jeep was hit by Bus No. RJ-09-P-1678 of Rajasthan State Road Transport Corporation (hereinafter referred to as the 'Corporation', for short). The claimants lodged a claim petition for loss of bread winner of the family. The Corporation filed his counter to the claim petition denying the contents of the claim petition and the claim as well. On the basis of pleaded facts of the claim petition, response of the Corporation, evidence adduced by the parties and materials available on record; the Tribunal allowed the claim petition of the claimants to the extent of Rs.6,10,000/- (Rs. Six lacs and ten thousand only).
(3.) The Corporation as well as the claimants have instituted the appeals above noted for the Corporation, the amount of claim awarded is in excess and according to the claimants, the amount of compensation allowed his less, and therefore, have prayed for enhancement of compensation.;