P.K.LOHRA,J. - (1.) Appellant-claimants, dependents/legal heirs of Roopa Ram, have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') seeking enhancement in compensation quantified and awarded by Motor Accident Claims Tribunal, Jodhpur-I (for short, 'learned Tribunal') by its judgment and award dated 10th of December, 2002. Learned Tribunal, by the award impugned, has determined total amount of compensation to the tune of Rs.5,50,000/- under different heads but awarded 50% of compensation, i.e., Rs.2,75,000/- on account of contributory negligence apportioned equally between drivers of both the vehicles.
(2.) In brief, facts of the case are that on 06.01.1999, when bus bearing registration No.RNM 5415, driven by Roopa Ram, reached Tikado Ki Dhani at about 10:00 PM, a truck bearing registration No.RJ-15-G-0105 driven rashly and negligently by its driver hit the bus on frontal side. Due to said accident, front portion of the bus got damaged and Roopa Ram suffered grievous injuries and thereby succumbed on spot. The appellant-claimants, who are wife, children and parents of deceased-Roopa Ram, laid a claim for compensation under Section 166 of the Act quantifying compensation to the tune of Rs.20,70,500/- under different heads. In the claim petition, owner of the offending truck and insurer were impleaded as non-claimants. For claiming compensation, it is, inter-alia, averred by the appellants that deceased-Roopa Ram was 30 years' old at the time of his death and was earning Rs.3,000/-. It is averred in the claim petition that wife of deceased, his children and parents were dependents on the income of deceased and he was the sole bread winner of the family. Attributing rash and negligent driving to the driver of truck, appellant-claimants claimed compensation from owner as well as the insurer.
(3.) Respondent No.1 filed written statement to the claim petition and denied the averments contained therein. In the written statement, it is averred that accident occurred on account of rash and negligent driving of the bus by the deceased Roopa Ram, who drove the bus at a high speed and hit the truck on frontal side.;