M.L.JAIN, J. - (1.) THIS judgment will dispose of two appeals namely, D.B. Civil Misc. Appeal No. 14/ 1970 and D.B Civi1 Misc. Appeal No. 105/1969. These appeals arise out of an order made by the Motor Accidents Claims Tribunal, Ajmer on September 12, 1969.
(2.) A bus RJZ 202 was travelling from Bandarwara to Ajmer on May 31, 1966 When it was about six miles and two furlongs from Ajmer, it found the road blocked near Makhupura by a tree fallen on the road While other vehicles were passing on the right side of the road, the driver of this vehicle instead chose to pass his vehicle by the left side of the tree where it la alleged, there was not much space for the vehicle to pass wish the result that the vehicle must dashed against the aids wail which gave way and the vehicle then over -turned and fell down. Ore of the consequences of the accident was that one Dharam Chand a passenger sustained fatal injuries and died instantaneously on the spot. His widow, three minor children and his parents filed a claim petition in the aforesaid Tribunal on July 30, 1966, claiming Rs. 50,000/ as pecuniary has and Rs. 5000/ - on account of mental agony, suffering and lose of expectation of life, and loss caused to the a estate of the deceased. There were several respondents, namely, Motor Owners Insurance Company, Automobile Transport (Rajasthan) Private Limited, its Chairman Nerayandas Lohiya, driver Raghunath, National Insurance Company and some more, which will better be described as respondents No. 2(a) to 2(f). The learned Tribunal held that the accident took place on account of the rash and negligent act of the driver Raghunath, respondent No. 3. As regards the quantum of damages, the finding of the learned Tribunal was that the deceased was at the time of his death 30 years of age and his expected span of life was an others 15 years of age at the least. It was found that he was a shareholder in his parental firm M/S. Dewalal. Raglal. The average income from that firm of the deceased was Rs. 180/ -. per month It was also alleged that the deceased was looking after his agricultural farm and in his absence., a servant was required to be engaged, whose wages were claimed at Rs. 250/ - per month, but ha Tribunal allowed such wages only at the rate of Rs. 70/. per month. The result was that the pecuniary loss estimated after making a reasonable deduction on account of lump sum grant of compensation, the learned Tribunal awarded a sum of Rs. 30,000/ - as compensation to all claimants bus only against the Automobile Transport (Rajasthan) Private Limited Co. respondent No. 2(g), Narayandas Lohiya, respondent No. 2(b) and their insurers respondent No. 1, the Motor Owners Insurance Company. It dismissed the petition against the remaining respondents. The learned Tribunal further decreed that Rs. 20,000/ shall be paid by the insurer, namely, the Motor Owners Insurance Company and the remaining amount of Rs. 10,000/ shall be paid by the respondents No. 2(g) and (h). It may be mentioned here that the Automobile Transport (Rajasthan) Private Limited Company is under liquidation.
(3.) D .B. Civil Misc. Appeal No. 105/1959 was field by the insurer, while the other appeal is by the Automobile Transport (Rajasthan) Private Ltd. Company and Narayandass Lohiya. An application was made on behalf of the appellant Automobile Transport (Rajasthan) Private Ltd. Company under Order 41 Rule 27 C.P.C. requesting, this Court to permit them to file some documents which they have listed in annexure 'A' the application was made on 1 -12 -1971.;