GOPAL LAL GUPTA, J. - (1.) THIS appeal by the insurance company has been directed against the award of the Motor Accidents Claims Tribunal, Jaipur, awarding a sum of Rs. 79,500/ - as compensation to the respondent No. 1, Chando Khatun.
(2.) THE relevant facts are that Yamin (20 years) was going on a cycle on 19.9.1986 at about 11.15 p.m. when bus No. RNB 117 coming with excessive speed hit the cyclist from behind. Yamin sustained injuries. He died in the hospital next day. Parents of Yamin filed claim case No. 540 of 1986 stating therein that they were the legal representatives of Yamin. That claim case was compromised in the Lok Adalat and a sum of Rs. 30,000/ - was awarded as compensation. It is on 22.11.1988 that Chando Khatun filed this application for compensation stating therein that she was the widow of Yamin and she was entitled to compensation. She impleaded her father -in -law and mother -in -law as respondents Nos. 5 and 6. The respondent No. 4, insurance company raised preliminary objection as to the maintainability of the claim case on the ground that compensation has already been awarded as a result of the compromise in the Lok Adalat in the earlier case filed by the parents of the deceased. The Tribunal framed 7 issues. After recording the evidence and hearing the parties, the Tribunal held under issue No. 1 that Yamin died because of the rash and negligent driving of the bus. Under issue No. 5 -A it was held that the objection of the insurance company was not tenable and widow could maintain this claim case. Under issue No. 3, a sum of Rs. 1,00,000/ - was held to be just compensation and deducting Rs. 30,000/ - already allowed to the parents, Rs. 70,000/ - were awarded to Chando Khatun. On account of the loss of consortium and funeral expenses a further sum of Rs. 9,500/ - was awarded.
(3.) MR . Srivastava, learned Counsel for the appellant contends that when award had already been passed in respect of the accident, the second claim application was not maintainable.;