A.K. Mathur, J. - (1.) Both these appeals arise out of the award dated 7-9-1982 passed by the Member, Motor Accidents Claims Tribunal Jodhpur, therefore, they are disposed of together by this common order. This judgment will also dispose of the cross-objections filed on behalf of the claimants.
(2.) The brief facts giving rise to those appeals are that on 25-4-1979 at 10 A.M. deceased Pakhiya along with his brother Savia was going on cycle on Mokalsar-Patna Road. Deceased Pakhiya was driving the cycle in the right side slowly. But a bus bearing No. RJT 1765 came with an excessive speed and in a rash and negligent manner and struck against the cycle, as a result of which Pakhiya and his brother claimant Savia fell down and the bus over run deceased Pakhiya. Therefore, he died on the spot. Claimant Savia also received serious injuries and he was immediately taken to the Hospital. Therefore, he survived. The bus was driven by non-claimant Dashrath Singh and Jagtarsingh was its owner. The nonclaimant No 3 was M/s. New India Assurance Company Ltd. with which the vehicle was insured. The non-complaint No. Thansingh was also impleaded as a party in the event of his being driver of the vehicle.
(3.) The Tribunal after recording the necessary evidence and hearing the parties found that the vehicle was driven in a rash and negligent manner and it is further found that Pakhiya was aged about 25 years and his income was found to Rs. 300/- per month and out of that amount of Rs. 200/- he was spending on his parents and dependents. Thus, the Tribunal awarded a sum of Rs. 48,000/- to the claimants father, mother and widow of the deceased by employing the multiplier of 20 years. The Tribunal also allowed the claim petition of Savia who had also received injuries and the Tribunal awarded a sum of Rs. 20,000/- . Aggrieved against this common award of these claim petitions arising out of the same accident, the Insurance Company has filed both these appeals before this Court.;