Arun Bhansali, J. - (1.) This appeal is directed against the judgment and award dated 30.5.1997 passed by the Motor Accident Claims Tribunal, Sojat ('the Tribunal') whereby the application for compensation filed by respondent claimants No. 1 to 5 has been accepted and a compensation of Rs. 4,05,000/- has been awarded along with interest @ 15% per annum from the date of application, i.e. 13.4.1994.
(2.) The application was filed by the claimants seeking compensation to the tune of Rs. 19,61,000/- for death of one Kalu Shah son of Akbar Shah with the averments that the deceased was travelling in Bus No. RJT 9174 on its roof top along with his goods from Sojat to Bilara; when the vehicle was about half a kilometre from Village Atabara, on account of work going on the road, the bus was taken from bye-pass and was being driven in rash and negligent manner by bus driver Mahendra Singh, which resulted in deceased coming in contact with live electric wire and died on account of electrocution. It was claimed that the deceased was aged 30 years and used to bring goods from Delhi & Ahmedabad and sell the same and used to earn Rs. 80/- per day. Based on the said averments compensation as noticed here in before was claimed.
(3.) The application was resisted by the respondents driver, owner and insurer of the vehicle.;