- (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment & award dated 9/6/2016 passed by the Motor Accident Claims Tribunal, Dungarpur ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs.9,06,000/- as compensation to the claimants.
(2.) The application for compensation was filed by the claimants inter alia with the averments that their husband/son/brother Babulal along with one Kachrulal was travelling on a Motor Cycle, when at about 7.00 a.m. Rajasthan Roadway Bus No.RJ-12-PA-1862, which was being driven rashly and negligently by Radheshyam, collided with the said Motor Cycle by bringing the Bus on the wrong side of the road, resulting in grievous injuries to Babulal & Kachrulal. Babulal succumbed to the injuries. It was claimed that the deceased was aged 22 years and was involved in work of light fitting and repairing and used to earn Rs.12,000/- per month. Based on the said averments, compensation was claimed.
(3.) Reply to the application was filed by the nonclaimants driver & the appellant-Corporation inter alia indicating that the application is based on wrong facts, the Motor Cycle was being driven rashly & negligently by Babulal and while overtaking the Truck, the said Motor Cycle collided with another Motor Cycle, which resulted in the accident and the Roadways Bus was not at all involved.;