K.C.SHARMA,J. - (1.) THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants seek to modify the award dated 31.1.1994 passed by the Motor Accident Claims Tribunal, Jaipur, by which the learned Tribunal has awarded compensation to the tune of Rs. 80,000 out of the total claim of Rs. 9,57,800 as claimed by the claimants.
(2.) IN the early morning i.e., at 4.00 a.m. on 8.4.1986, deceased Gopi Lal was passing through Sansar Chandra Road in Truck No. RJY3073 and when he had just crossed the circle near Government Hostel at M.I. Road, a mini bus No. RNE 6518 being driven rashly and negligently by its driver, coming from Ajmeri Gate and going towards Railway Station dashed the front left side of the truck, as a result of which the truck over turned and driver Gopi Lal died. The learned Tribunal having concluded that the accident took place on account of negligence of drivers of both the vehicles has awarded compensation to the claimants. The liability of the Insurance Company has also been limited to the extent mentioned in the award.
(3.) LEARNED Counsel appearing for the claimants has strenuously contended that the accident occurred solely due to the rash and negligent driving of driver of mini bus. I am not convinced with this argument. Undisputedly, the accident took place in the early morning, even prior to sun rise, when the roads often remain almost vacant and only countable vehicles pass through the roads at this time. Further, the place where accident occurred was the crossing. The truck which was being driven by Gopilal deceased was coming from the side of Sansar Chandra Road and the mini bus was coming from the side of Ajmer gate. When the truck had just crossed the circle near Government Hostel, the mini bus while going towards Railway Station hit the left front of the truck. In this view of the matter, both the drivers had a duty to be careful while crossing the circle. I am of the firm view that both the drivers transgressed the limits of necessary caution and that occasioned the accident. I, therefore, affirm the finding of the Tribunal that the accident occurred due to rashness and negligence of drivers of both the drivers.;