Mohd. Yamin, J. - (1.) This is a misc. appeal against the award passed by the learned Judge, MACT Court, Bhilwara dated 20-4-1992. A cross objection has also been filed by the successors of Late Shri Shyam Sunder Kogta.
(2.) Brief facts of the case are that Shyam Sunder was travelling by Roadways bus on 2-4-85 from Bhilwara to Gangapur. Driver of the bus was driving the vehicle rashly and negligently and near Ghathila farm the bus overturned on the right side as a result Shyam Sunder died on the spot. The road was quite wide but the driver drove the vehicle rashly and negligently and took the bus towards right side of the road. He lost the control over the steering and hit the railing of the bridge and overturned. Shyam Sunder was of 27 years of age. He was proprietor of a petrol pump from where he used to earn Rs. 30,000/- per annum. He was also the sole proprietor of M/s. Shyam Sunder Trading Corporation where he used to deal in colours and paints and used to earn nearly Rs. 9,000/- per annum. He contributed Rs. 30,000/- out of his income towards claimants and he had been alive for 43 years more he should have contributed Rs. 13,00,000/-. The claimants filed a claim for Rs. 8,00,000/- only and claimed a sum of Rs. 3,000/'- on account of funeral expenses as well as transportation to carry the dead body of the deceased from Gangapur to Bhilwara. Thus the total claim of Rs. 8,03,000/- was claimed. The Roadways admitted in its reply the factum of death of the deceased. At the same time it was contended that Shyam Sunder was responsible for his own death. It was submitted that the bus was being driven with a normal speed and as soon as the bus entered the bridge a truck with a very high speed came from front side and the driver of the bus in order to avoid major accident took the bus on the right side but the bus was overturned and the accident was taken place. It was further submitted that the claim was exaggerated and even after the death of Shyam Sunder the income of petrol pump had not decreased. Therefore, it was contended that legal representatives of Shyam Sunder had not sustained any pecuniary loss. Learned Trial Judge framed three issues as follows:-
(3.) Learned trial Court passed an award of Rs. 3,45,000/- with an interest @ 12% w.e.f. 16-5-1995. It is against this award that the appellants have filed this appeal.;