Mohammed Yamin, J. - (1.) This appeal is directed against the award dated 5th September, 1991 passed by learned Judge, Motor Accident Claims Tribunal, Banswara, in claim Case No. 121 /89 whereby the learned Tribunal awarded compensation of Rs. 3,74,000/- to claimant-respondents Nos. 1 to 6. The appellants-non-claimants have come in appeal for quashing the aforesaid judgment and Award.
(2.) The brief facts of the case giving rise to instant appeal are that on 27-7-1989 at about 9.00 p.m. Ganpat (deceased) was going back from Banswara to Tejpur his village, after selling milk in Banswara. He was on his motor cycle. When he reached in the vicinity of Tejpur a little ahead of fly-over bridge at the river. Rajasthan Roadways Bus No. RNP 2592, being driven by Usman Sheikh (respondent No. 7), came with great speed from the opposite direction and dashed against motor cycle of Ganpat. The bus was going from Chittorgarh to Ahmedabad. As a result of collision of bus with motor cycle. Ganpat was thrown and suffered severe injuries on his head, feet and other parts of the body. He died instantaneously. Then driver of the bus Usman Sheikh after turning the bus to right direction, stopped it and ran away.
(3.) A report of this accident was lodged at Police Station, Sardar, Banswara by Shankar Lal and a case under Sec. 279/304A, I.P.C. was registered. During investigation, site plan was prepared. After the investigation, driver Usman Sheikh was challanged in the competent Court.;