SHYAM SUNDER BYAS,J. - (1.) SINCE these appeals and cross -appeals under Section 110 -D of the Motor Vehicles Act, 1939 (for short 'the Act') relate to one and the same accident and since identical questions of law and fact are involved in them, they were heard together and are decided by a common judgment. By the award passed on February 24,1979, the claims tribunal directed the owner, driver and the insurer of the truck RJQ 6739 to pay compensation varying in amounts to the claimants. Some of the claimants are injured persons while the others are heirs and dependents of the deceased -victims. The owner and the driver of the truck have come -up in appeals and contended that they were wrongly called -upon to pay the compensation to the claimants where as the grievance of some of the claimants is that the compensation was quantified too low.
(2.) BRIEFLY , recounted, relevant facts giving rise to these appeals are that bus RJQ 1745 was coming from Jalore to Jodhpur on June 15, 1973. PW 1 Hemraj, PW 3 Seeta Ram, PW4 Smt. Kamla and PW 2 Babulal, who are the injured -claimants were travelling in that bus. The wife of Balam Chand, the son of Smt. Basanti, the husband of Mst. Aachuki and the daughter of Mst. Kamla were also travelling in this very bus. At about 2.30 p.m. when the bus reached near village Neemli (nearly 15 miles aways from Jodhpur), truck RJQ 6739 came running from the opposite direction at a terrific speed. It was alleged that the drivers of the bus and the truck were driving these vehicles rashly and negligently and they could not control them when the two vehicles came near to each other. It resulted in a head on collision between the bus the truck. The bus was badly damaged. Hemraj, Seeta Ram Mst. Kamla and Babulal sustained multiple injuries while four persons travelling in the bus passed away on account of the injuries sustained by them in this accident. It was alleged in the claim petitions that the accident had taken place on account of rash and neglient driving of the two motor vehicles by their respective drivers. It was further alleged the Ghewar Lal was the owner of the truck. Poosa Ram was driving it at the time of the accident. The truck was insured with Hindustan General Insurance Society, which later on merged and amalgamated into the National Insurance Company Ltd. Munni Lal was the owner of the bus and Daudkhan was driving it at the time of the accident. It was insured with the New Great Insurance Company Ltd. (later on merged and amalgamated into the Oriental Fire and General Insurance Company Ltd.). The injured passengers and the heirs and dependents of the deceased passengers filed applications under Section 110 -A of the Act, claiming various amounts as compensation. The owners and the drivers of the two vehicles contested the claims. The accident between the bus and the truck was admitted by them, but each denied that it had taken place due to the rash and negligent driving of his vehicle. According to the owner and driver of the truck, the driver of the bus was driving it rashly and negligently and could not control it when the situation demanded so. The accident had, thus, taken place on account of the rash and negligent driving of the bus by its driver Daud Khan. It was, on the other hand, contended by the owner and the driver of the bus that the driver of the bus, seeing the truck coming from the opposite direction at a terrific speed, moved it on the extreme left edge of the road. The bus was in a very slow speed Poosa Ram the driver of the truck could not control it. The front portion of the truck dashed against the body of the bus. The accident had taken place due to the rash and negligent driving of the truck by its driver. The owners and the drivers of the two vehicles, thus, attempted to throw the liability of the accident on the other. The amount of compensation claimed by the claimants was also challenged by the owners and the drivers of the two vehicles. The Tribunal raised the necessary issues. By the order dated November, 22, 1975, the Tribunal, in accordance with the agreement between the parties, directed that evidence will be recorded in miscellaneous case No. 153 -A/1973 (Seeta Ram v. Poosaram and Ors.) and the evidence so recorded in that case shall be placed on record in all the connected case. The claimants as well as the owners and the drivers of the two vehicles adduced evidence documentary as well as oral. On the conclusion of trial, the tribunal held that the accident had taken place due to the rash and negligent driving of truck RJQ 6739 by its driver Poosaram. According to the Tribunal the driver of the bus was driving it slowly and cautiously whereas the driver of the truck was driving it rashly and negligently. As a result, the Tribunal directed the owner, driver and the insurer of the truck RJQ 6739 to pay the compensation to the claimants as under: (i) a sum of Rs. 19404/ - to claimants Mst. Aachuki and others in claim petition No. 12 of 1978. Out of this, the liability of the insurer was fixed for a sum of Rs. 15,159.38p. ; (ii) a sum of Rs. 4500/ - to the claimants Hemraj in claim petition No. 10 of 1978. Out of this, the liability of the insurer was fixed for a sum of Rs. 3555.62 p. ; (iii) a sum of Rs. 9,000/ - to claimant Mst. Basanti in claim petition No. 6 of 1978. Out of this, the liability of the insurer was fixed for a sum of Rs. 7031.25p.; (iv) a sum of Rs. 12,000/ - to the claimants Balamchand and others in claim petition No. 3 of 1978. Out of this, the liability of the insurer was fixed for a sum of Rs. 9,375/ -; (v) a sum of Rs. 6,000/ - to claimant Babu Lal in claim petition No. 11 of a sum of 1978. Out of this, the liability of the insurer was fixed for Rs. 4687.30 p. ; (vi) a sum of Rs. 7096/ - to the claimants Mst. Kamla and others in claim ' petition No. 4 of 1978. Out of this, the liability of the insurer was fixed for a sum of Rs. 5543.75p.; and (vii) a sum of Rs. 4,500/ - to claimant Seeta Ram in claim petition No. 7 of 1978. Out of this, the liability of the insurer was fixed for a sum of Rs. 3515.63 p.
(3.) By the awards, the Tribunal absolved the owner, driver and the insurer of Bus RJQ 1745 from all sorts of liability.;