G.L. Gupta, J. - (1.) This appeal is directed against the award dated 26.8.1992 passed by the Motor Accident Claims Tribunal, Balotra awarding a sum of Rs. 1,07,000/- to claimant respondent Meena Kumari.
(2.) In the claim petition filed it was averred that on 5.11.1988, Parasmal, his two daughters and some other persons were travelling in Jeep No. RRT 767 from Nakoda to Barmer. At 7.30 p.m. when the jeep reached near Siwana Asotra crossing, the Roadways bus No. RNG 806 came from opposite direction and dashed against the jeep. It was sated in the claim petition that the bus was being driven rashly and negligently and though the driver of the jeep had slowed down the jeep and had taken it on the 'kachcha' side yet there was collision. The occupants of the jeep suffered injuries. Meena Kumari who was two years of age only, suffered fractures of her right leg and left hand. It was stated that Rs.10,000/- were spent in treatment and Rs.4,000/- were spent in taking the girl to Ahmedabad for treatment. A sum of Rs.1,50,000/- was claimed. In the reply, the driver and the owner RSRTC denied that the accident occurred because of rash and negligent act of the driver of the bus. It was averred that the amount claimed was excessive. The Tribunal framed 6 issues. Three witnesses were examined on claimant's side and Jethu Singh driver of the Bus gave his statement in rebuttal. The learned Tribunal heard the arguments of both the parties and held under Issue No. 1 & 3 that the accident had occurred because of rash and negligent driving of the bus. Under Issue No. 2 it was held that Meena was entitled to get Rs.5,000/- as treatment expenses, Rs. 2,000/- as other expenses and a sum of Rs. 1 lakh as the general damages, total Rs.1,07,000/
(3.) Arguments of the learned counsel for the parties have been heard.;