A.K.MATHAR,J. - (1.) THIS is an appeal against the award given by the Judge, Motor Accidents Claims Tribunal, Jodhpur dated 2 -11 -83, whereby the learned Judge has awarded a compensation to the tune of Rs. 1,59,000/ - in favour of claimant Veena Kurnari and Kumari Jyotibala for death of deceased Awatar Singh an employee of the defence services. Likewise, he has also awarded a compensation in the sum of Rs. 45,360/ - to Harbanslal and Pushpa Devi the claimants of deceased Rajendra Mohan who was also a defence personnel.
(2.) AGAINST this award, the Rajasthan State Road Transport Corporation filed the present appeal. The brief facts, giving rise to this appeal are that on December 1, 1981 at about 3 P.M. on Pokaran -Jaisalmer Road two motor cycles collided with the bus of Rajasthan State Road Transport Corporation (hereinafter referred to as 'the Corporation') bearing No. RSG 6270 which was going from Pokaran to Jodhpur. It is alleged that both the deceased Awatar Singh and Rajendra Mohan were constables in the defence and they were going their own motor cycles. They collided with this bus on account of rash and negligent driving of the bus. As a result of this accident, both Awatar Singh as well as Rajendra Mohan died. Therefore, two claim petitions one by Veena Kumar and Kum. Jyotibala dependents of deceased Awatar Singh and another by Harbanslal and Pushpa Devi on account of death of their son Rajendra Mohan were filed Claims were contested by the driver of the bus as well as the Rajasthan State Road Transport Corporation. The plea taken by the driver was that the bus was standing. Both the deceased died in defence exercise. The pleas taken by the non -claimants were over -ruled by the Tribunal. Tribunal relied on the statement of Mr. Agarwal, who was travelling in a jeep and witnessed the whole accident. From the testimony of Mr. Agarwal, it was found that the bus was driven in a rash and negligent manner as a result of this, these Jawans lost their lives.
(3.) IN this view of the matter, the Tribunal has found that the driver of the bus of the Corporation was negligent and deaths were caused on account of rash and negligent driving of the driver of the Corporation bus.;