A.K. Mathur, J. - (1.) Both these appeals arise out of the award given by the Judge, Motor Accidents Claims Tribunal, Jodhpur by the order dated 18 9.82 therefore, they are disposed of together by common order.
(2.) The brief facts, giving rise to these appeals are that on 14.1.78 at about 6.30 deceased Madan Lal Maver met with an accident with the truck No. RJW 1676 belonging to Rajasthan State Electricity Board non-claimant. No. 2 and it was driven by Shri Bhoor Singh driver of the Rajasthan State Electricity Board. It is alleged that the truck was driven in a rash and negligent manner which hit Madanlal who was on Motor Cycle. As a result of which Madanlal died on the spot, and the motor cycle was damaged. The dependant of the deceased Madanlal filed the present claim before the Tribunal. It is alleged that the deceased was field officer in the Life Insurance Corporation and serving as Jalore. He was drawing Rs 964.85 and out of which he was spending about Rs. 800/- per month on family. He was aged about 34 years and he would have lived at the age of 80 years. His father is alive and he is about 60 years. In his service career he would have reached the stage of Branch Manager and would have earned Rs. 2,000/- per month. Thus, the total Rs. 5,00,760/- was claimed as a compensation under the various heads. The claim was denied by the driver Bhoor Singh Rajasthan Electricity Board and the Oriental Fire & General Insurance with which the vehicle in question was said to be insured.
(3.) The reply was filed by the non-claimants No. 1 and 3. It was submitted that the accident did not take place on account of rash and negligent driving. The non-claimant No 2 denied the happening of the accident. The non-claimant No. 2 supported the contention of the non claimants No. 1 and 2 and further submitted that his liability is limited to the extent of Rs. 50,000/- . On the basis of these pleadings seven issues were framed. The learned member, Tribunal after reviewing all the evidence which was placed before him came to the conclusion that this was the same vehicle with which the accident took place and he found that non-claimant No. 1 Bhoor Singh was a driver and he was rash and negligent. Thereafter the learned Judge awarded a sum of Rs. 1,52,000/- as a compensation to the claimants on the ground that claimant would have spend Rs. 7600/- to his dependent and applied a multiplier of 20 year thus, Rs. 1,52,000/- . He has also awarded . 9% interest from the date the claim petition was filed i.e. from 10.9.1917. The amount was liable to be recovered from the non-claimants individually and jointly. The liability of Insurance Company was fixed to the extent of Rs. 50,000/- He has also distributed the amount among claimants in ratio 1/2, 1/6, 1/6, 1/6 and he has also directed that the amount shall be deposited in a schedule bank.;