- (1.) THESE two appeals arise out of an order passed by the learned single Judge, dated 12th September, 1984 disposing of two appeals filed by Rajasthan State Road Transport Corporation in Motor Accident Claims cases relating to the same accident.
(2.) THE accident in question took place on 4.11.77, Bhagwana Ram, aged 29 years and Jessa Ram, aged 21 years died as a result of the accident. Both Bhagwana Ram and Jessa Ram were driving camel -carts which met with an accident with the bus belonging to the Corporation and both Bhagwana Ram and Jessa Ram were injured and succumbed to the injuries. Claim petitions were filed by the legal representatives of Bhagwana Ram and Jessa Ram on 17.3.78 before the Motor Accidents Claims Tribunal, Sikar. The Tribunal, by its award dated August 9, 1979, awarded a sum of Rs. 20,500/ - in the case of Bhagwana Ram and Rs. 11,500/ - in the case of Jessa Ram. It may be observed here that Bhagwani, widow and Mannu, mother of Bhagwana Ram were the claimants in the claim petition filed in respect of compensation relating to the death of Bhagwana Ram. In the case of Jessa Ram, his mother Patasi, aged 40 years was the sole claimant, the widow of Jessa Ram having remarried. The learned single Judge, allowed the appeals filed by the claimants in both the cases against the award passed by the Motor Accidents Claims Tribunal, Sikar and in the case of the legal representatives of Bhagwana Ram the amount of compensation was enhanced to Rs. 92,500/ - while in the case of Patasi, mother of deceased Jessa Ram, the compensation awarded by the Tribunal was enhanced to Rs. 70,000/ -.
(3.) THE Corporation has filed the appeals in both the claim cases arising out of the death of deceased Bhagwana Ram and Jessa Ram. The only argument advanced by the learned Counsel appearing for the Corporation before us is that the amount of compensation awarded by the learned single Judge, was excessive and the basis of life expectancy upto age of 70 years applied by the learned single Judge, was not proper.;