- (1.) This appeal and cross-objections are directed against the judgment and award dated 17.05.1999 passed by the Motor Accident Claims Tribunal, Rajsamand ('the Tribunal'), whereby the Tribunal has awarded a compensation of Rs.3,18,660/- to the claimants and held that the deceased too has contributed to the accident.
(2.) The application for compensation was filed by the claimants wife and children of one Shiv Raj Sharma, inter alia, with the averments that on 18.06.1997 at about 11.30 PM, the said Shiv Raj Sharma after attending a marriage came to the Bus Stand, Kankroli for coming to Vijay Nagar, when Bus No. RJ-28-P-0097 belonging to the Rajasthan State Road Transport Corporation ('the Corporation') and being driven by Bhanwar Singh, which was going from Udaipur to Baran, the said Shiv Raj Sharma after taking the ticket tried to board the Bus, when the bus was started with a jerk, resulting in, his falling down from the Bus and receiving grievous injuries, to which he succumbed. It was, inter alia, claimed in the application that the accident occurred on account of rash and negligent driving by the driver and negligence of the conductor of the Bus. The deceased was aged 45 years and was working as Patwari with the State of Rajasthan and based on the said aspect, a compensation of Rs.11,08,000/- alongwith interest was claimed.
(3.) The application was resisted by the respondents, wherein the Corporation and the Driver filed written statement denying the averments made in the application, however, in the additional plea, it was alleged that the accident occurred on account of negligence of the deceased himself. The deceased tried to board the moving Bus and fell down on account of his own mistake and negligence, which resulted in the accident and, therefore, the non-claimants were not liable. The non-cliamant No.2-Conductor filed a separate written statement and disputed the involvement of the Bus and claimed that in fact no accident occurred from the Bus.;