- (1.) The present appeal & cross objection are directed against the judgment & award dated 27/8/1994 passed by the Motor Accident Claims Tribunal, Dungarpur ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs.60,000/- as compensation along with interest @ 12% p.a. w.e.f.21/11/1989 till actual payment is made and the appellant Insurance Company has been held liable for payment of compensation. The cross objection has been filed by the claimants seeking enhancement of compensation.
(2.) An application for compensation was filed on 23/11/1989 by the claimants-mother/sisters of one Nand Kishore, who was aged 18 years, inter alia with the averments that said Nand Kishore, who was student of class 9th was travelling in Bus No. RJB-4474 on 23/5/1989, which was being driven by driver Mohan Lal, the deceased was travellilng on the roof of the Bus, on the way one branch of tree struck Nand Kishore on the head, resulting in his death. It was alleged that the Bus was being driven rashly & negligently by the driver. It was claimed that the deceased along with studies was involved in the business of milk and wool and used to earn Rs.700/- per month and used to spend Rs.500/- on the family. Based on the these averments, compensation of Rs.9,62,000/- was claimed.
(3.) The claim was resisted by the non-claimants, while the driver did not file any reply, the owner admitted his ownership but denied that the accident occurred on account of negligence of the driver and alleged that the deceased climbed on the roof of the Bus without anybody's information and was struck by branch of the tree and died, therefore, the owner was not liable.;