- (1.) These two appeals have been submitted against the composite award dated 23.11.1995 made by the Motor Accidents Claims Tribunal, Bhilwara in MAC Case Nos.677/1992 and 720/1992 relating to the same accident.
(2.) The non-applicants, Rajasthan State Road Transport Corporation (`the Corporation' for short) and its Chief Manager have submitted CMA No.317/1996 challenging the award essentially on the ground that the Corporation was not the registered owner of the vehicle in question that was employed by the Corporation under an agreement with the registered owner and the liability for compensation remains that of the owner of the vehicle and not of the Corporation. The appellant-Corporation has also challenged the correctness of the findings of rash and negligent driving of the bus and so also the quantum of compensation as highly excessive. On the other hand, the claimants of claim case No.677/1992 have submitted CMA No.140/1996, seeking enhancement of the amount of compensation.
(3.) Brief facts relevant for determination of the questions involved in these appeals are that the deceased Prakash Chandra Priya was travelling in a bus bearing registration No. RJ 14A 0425; and in the night intervening 29/30.07.1991 at about 1:45 a.m., near Gulabpura on Bhilwara-Ajmer road, the bus rammed into a truck bearing registration No. HYT 2697. Prakash Chandra sustained injuries and died during treatment. Narrating the facts relating to the accident, two claim applications were submitted by the dependents of Prakash Chandra. Claim Application No.677/1992 was submitted by the wife and minor children of the deceased and for the quantum of compensation, it was alleged that the deceased was 32 years of age and was employed with the Corporation as bus conductor and was earning about Rs.1700/- per month. The claimants asserted the loss of contribution for 26 years at Rs.1500/- per month and for further 12 years at Rs.1000/- per month and thereby, pecuniary loss was stated at Rs.6,12,000/-; and with further claim of Rs.12,000/- towards funeral and other expenses and Rs.1,25,000/- towards non-pecuniary losses, claimed an amount of Rs.7,50,000/- arraying the appellant- Corporation and so also the registered owner of the bus RJ 14A 0425 and the United Insurance Company as the nonapplicants while stating that the name of bus driver shall be mentioned when ascertained. Other Claim Application No.720/1992 was submitted by the mother of the deceased Prakash Chandra joining the owner, driver and insurer of the bus apart from the Chief Manager of the Corporation and so also the three claimants of Claim Application No.677/1992 as the non-applicants. This claimant, mother of the deceased Prakash Chandra, submitted that the deceased would have earned Rs.3,000/- per month and would have spent Rs.2,000/- on the applicant and non-applicants No.5, 6 and 7 (i.e. the claimants of case No.677/1992) and claimed Rs.6,72,000/- towards pecuniary loss and another Rs.6,28,000/- towards non-pecuniary losses. It appears that only the nonapplicants No.3 and 4, i.e. United India Insurance Company and the Chief Manager of the Corporation, Dungarpur Depot were served in Claim Application No.720/1992 and a reply was submitted on behalf of the insurer wherein a prayer was made for consolidating the said case No.720/1992 with case No.677/1992, and this prayer was granted on 18.10.1993; and thereafter, all the proceedings were taken in case No.677/1992.;