K.S.LODHA,J. - (1.) THESE five appeals have been filed by the Rajasthan State Road Transport Corporation against the joint awards dated 20th April, 1981, made by the Motor Accident Claims Tribunal, Jodhpur, in favour of the five different claimants by a single order, as the five appeals are directed against this single order; they are being disposed of together by a common order.
(2.) THE facts giving rise appeals briefly stated are that on 22 -3 -1975 Mahendra Kumar, Chandra Kama, Kumari Amita, Mangi Bai and deceased Lalit Kumar were coming from Mt. Abu towards Abu Road in a car -taxi No. G.T.F. 9169 at about 11.30 A.M. When they came near Talhati, a bus NO. R.R.M. 6531 belonging to the Rajasthan State Road Transport Corporation came from the side of Abu Road. It is alleged that the taxi -car was being driven by Hans Raj and bus was being driven by Sbivnath Singh, and, both the vehicles were being driven rashly at a high speed. The two vehicles collided resulting into the deaths of Lalit Kumar and Hans Raj and injuries to the other occupants of the taxi car. The injured were first taken to the Abu Road Hospital and then they were taken to the 'Vadi Lal Sara Bhal Hospital, Ahmedabad'. Five claim petitions were filed. Four by the four injured persons viz. Mahendra Kumar, Kumari Amita Chandra Kanta and Mangi Bai and, one by the dependents of the deceased Lalit Kumar. It was alleged in the claim petitions that on account of the rashness and or negligence of both the drivers this accident took place. The Rajasthan State Road Transport Corporation and the driver, Shivnath Singh, were impleaded as non -petitioners on the one hand' Pyare Lal, the owner of the taxi -car and the United India Fire and General Insurance Co. Ltd., the insurer of the taxi were impleaded on the other hand. In their written statement the non -petitioners denied the fact of that driver being rash and negligent and imputed the cause of accident to each other driver, The fact of the accident, the death of Lalit Kumar and injuries to the various claimants, does not appear to have been disputed. Pyare Lal the owner of the taxi -car however, did not file any reply and was proceeded against ex -parte. After framing the necessary issues and taking evidence of the parties, the learned Judge of the Claims Tribunal found that the accident was due to the contributory rashness of both the drivers and he awarded compensation to the claimants in different sums which I will presently consider. The four non -petitioners were jointly and severally liable for the awards and 6% interest was awarded on the amount of the award from the date of the application to the date of payment. However, the liability of the non -petitioner United India Fire and General Insurance Co. Ltd. was restricted to Rs. 10,000/ - over and above the costs and interest in each case.
(3.) AGGRIEVED of this, now, the Rajasthan State Road Transport Corporation filed the present appeals. Cross -objections have also been filed on behalf of the claimants as well as by respondent No. 3. So far as respondent No. 3 is concerned, his case is that the driver of the taxi was not at all rash and accident did not take place on account of his rashness, and therefore, respondent No. 3 could not be held liable for any damages. So far as the claimants are concerned, they have asked for enhancement of the amounts of the award and have also prayed that interest should have been awarded at the rate of 12% on the amount of award from the date of accident upto the date of payment. The claimants have also prayed for increase of the liability of the Insurance Company.;