B.R. Arora, J. - (1.) This appeal by the claimants for enhancement of the amount of compensation is directed against the Award dated 16-4-90 passed by the Judge, Motor Accident Claims Tribunal, Sri Ganganagar, by which the learned Judge of the Tribunal determined the compensation amounting to Rs. 65,000/-and after deducting the amount of Rs. 15,000/- already paid to the claimants under 'no fault liablity' ordered for the payment of Rs. 50,000/- as compensation along with interest @ 12% per annum from the date of filing of the claim petition till realisation.
(2.) Claimants Smt. Manjeet Kaur the widow of deceased Darshan Singh and Gurmail Singh and Gurmeet Singh the sons of the deceased filed the claim petition before the Motor Accident Claims Tribunal, Sri Ganganagar for the award of compensation amounting to Rs. 8,21,800/-. It was averred in the claim petition that on 13-1-86, at about 8.15a.m., deceased Darshan Singh s/o Balveer Singh was carrying the passengers in Jeep No. RRC 2235. The Jeep was proceeding from 23-Z towards Sri Ganganagar and it was being driven at a moderate speed on the-left side of the road. Bus No. RRM 9112 of the Rajasthan State Road Transport Corporation, which was being driven rashly and negligently by its driver Darshan Singh s/o Muktiar Singh, came from the opposite side and dashed against the jeep. Darshan Singh (the driver of the jeep) and the other passengers sitting in the jeep, received injuries. Darshan Singh (the driver of the jeep) died on account of the injuries received by him in the accident. It was further averred in the claim petition that at the time of the accident deceased Darshan Singh was getting Rs. 800/- per month and was working as the driver and was aged about 27 years. The claimant No. 1 Smt. Manjeet Kaur (widow of the deceased) was, at the time of death of her husband, was aged about 25 years and the two sons of the deceased wore minor and they were dependant upon the deceased. Rs. 3,16,000/- were .claimed as the loss of dependency, Rs. 1,00,000/- were claimed on account of loss of financial assistance and other privileges afforded by the deceased, Rs. 2,00 000/- were claimed on account of loss of consortium by the widow of the deceased and love and affection by the two sons of the deceased and Rs. 5000/- were claimed towards the amount spent on the funeral and other post-death ceremonies of the deceased.
(3.) This claim petition was opposed by the respondents. The claimants, in support of their case, examined AW 1 Smt. Manjeet Kaur. AW 2 Sohan Singh, AW3 Ramesh Lai, AW 4 Jaisa Ram Nayak, AW 5 Amar Chand and AW 6 Dr. Rajendra Gupta. The npn-claimants, in support of their case, examined DW 1 Darshan Singh (the driver of the bus), DW 2 Kalu Ram, DW 3 Madan Lal and DW 4 Karam Chand.;