RAJENDRA SAXENA,J. - (1.) THIS appeal has been preferred against the award dated 5.5.1988 given by the learned Member, Motor Accidents Claims Tribunal, Jaipur, (in short 'MACT') for the enhancement of the quantum of compensation.
(2.) BRIEFLY , the relevant facts are that on 3.7.1984 at about 7.15 a.m. deceased Brij Mohan Sharma, aged 41 years, was going on cycle from his brother's house situated in Govindnagar, Jaipur, towards Police Lines, Jaipur. When he reached in front of Kapoor Carpet Factory, Amer Road, bus No. HYR 3504, which was being driven by respondent Hari Singh and was owned by Haryana Roadways came from Jaipur city with high speed, went on its wrong side and dashed on Brij Mohan's cycle causing him severe injuries with the result that he died instantaneously. It is alleged that respondent Hari Singh was driving the said bus negligently and carelessly and that after running over the deceased, it also dashed with an electric lamp post, which was damaged. Dharmpal, AW 3, who had witnessed the said accident, reported the matter to the police through a written report, Exh. 1, whereupon Crime No. 79/84 was registered at the police station, Brahmpuri, Jaipur and after investigation a challan, Exh. 4, was filed against Hari Singh, the driver of the said bus. Deceased Brij Mohan was a police constable posted in Reserve Police Lines, Jaipur. On 28.9.1984 his widow appellant, Banarsi Devi, aged 36 years, two minor sons Girraj Prasad aged 17 years and 6 months and Suresh Chandra aged 4 years, two minor daughters Manju and Anu aged 9 and 7 years respectively and his parents, namely, Mangilal Sharma and Rukmani Devi aged 65 and 60 respectively submitted a claim petition under Section 110 -A, Motor Vehicles Act, before the MACT for compensation to the tune of Rs. 3,25,000. Respondents filed a joint reply admitting the factum of accident but asserted that accident had taken place due to carelessness and negligence of the deceased and that the said bus was not being driven with high speed, rashly or negligently.
(3.) THE learned MACT framed the following issues: (i) Whether on 3.7.1984 driver of bus No. HYR 3504 while driving the said vehicle with high speed, carelessly and negligently caused the accident wherein Brij Mohan sustained injuries and died? (ii) Whether the driver of bus at the time of the accident was working in the employment of the owner of the said vehicle? (iii) Whether the claimants/petitioners were entitled to get compensation in the manner detailed in the claim petition and if so, to what extent? (iv) Whether the accident had occurred due to the contributory negligence of the deceased, if so, its effect? (v) Relief? ;