P.C. Jain, J. - (1.) Since these three appeals arise out of the same Judgment and Award dated 18-1-1995 passed by the learned Motor Accidents Claims Tribunal, Udaipur in M.A.C.T. Cases Nos. 365, 366 and 367 of 1992 propose to decide them by a common Judgment.
(2.) The few facts leading to these appeals may briefly be stated. On 23-5-1992 at about 10.30 AM, Bus No.RJ-14/7280 was coming from Udaipur and was going to Mount Abu and when it reached near Village Rathoron Ka Guda, Car No.RRJ-6626 which was coming from Mount Abu Ali and was going towards Udaipur collided with each other. It is alleged that driver of the Bus was Shri Kajim and the Car was driven by Shri Krishna Kumar Yadav. As a result of this accident, Shri Krishna Kumar Yadav and other occupants of the Car Viz., Smt. Suman Yadav wife of Shri Krishna Kumar Yadav, Miss Sumitra Yadav, Shri Jagdish Yadav, Shri Tarun Yadav and Miss Neha Yadav received various injuries and Krishna Kumar Yadav and Miss Sumitra Yadav died on the spot. Kajim Ali, the driver of the Bus went to the Police Station, Gogunda to lodge the First Information Report of this accident. The A.S.I. came to the place of the occurrence and the FIR Ex.P.1 was lodged on the same day at 11.00 AM at Police Station, Gogunda The Police registered a case under Ss. 279 337, 338 and 304A IPC against the driver of the Bus. The site was inspected and the site plan Ex.P.2 was prepared. Photos Ex.1 to Ex.6A were taken on the place of the occurrence. The parents of Shri Krishna Kumar Yadav, his wife Smt. Suman, His daughter Miss Neha and his son Varun Yadav filed Claim Petition No.365 of 1992 before the learned Motor Accidents Claims Tribunal, Udaipur and claimed the compensation of Rs.72,11,270/-. It was stated in the claim petition that the age of Shri Krishna Kumar Yadav was about 32 years at the time of his death. The postmortem report is Ex. P. 16. His Pass-port Ex. 12 was also produced. At the relevant time, Shri Krishna Kumar Yadav was serving on a very high executive post of Financial Advisor in Pesticides India Pvt. Limited, Udaipur and as per his pay certificate, Shri Krishna Kumar Yadav was drawing a consolidated salary of Rs. 14018.50P. per month. It was also stated that Shri Krishna Kumar Yadav had a very brilliant academic career and promising service prospect and would have risen to a very high post in future. The age of the parents of Shri Krishna Kumar Yadav is 75-73 years. Hence he would have survived more that 75 years.
(3.) Shri Jagdish Yadav preferred Claim Petition No. 366 of 1992 and claimed compensation to the tune of Rs.9,06,900/-. In the claim petition, it was stated that he sustained fractures of his 3rd, 4th, 5th, 6th and 9th ribs and also of his right collor bone. The bone of his right hand was also fractured. The claimant had to remain in Udaipur Hospital and took treatment for about six months.;