Manak Mohta, J. - (1.) By this appeal, the appellant-National Insurance Company has challenged validity and propriety of the judgment and Award passed by the learned Judge, Motor Accident Claims Tribunal Balotra dated 3.6.1994 whereby the learned Judge has partly allowed the claim petition and awarded compensation of Rs. 3,75,500/- to claimant No.1 Smt.Yashoda, Rs. 77,000/- to claimant No.2- Smt. Bharti Devi and Rs. 53,000/- to claimant No.3-Tarachand Jain with interest @ 12% per annum from 16.11.1993. In this way, the learned Tribunal awarded a sum of Rs.5,05,500/- as compensation to the claimants. Out of that amount, the learned Tribunal further held the jointly and severally responsibility of the truck driver, owner and Insurance Company of the truck for the payment of compensation upto 80% of the awarded amount along with interest and for the remaining 20% held jointly and/or severally responsibility for the payment of bus driver, owner and Insurance Company of the bus (appellant). The claim petition was dismissed against the non-claimants No.5 and 8.
(2.) The facts of the case, in brief, are that the deceased Surya Prakash @ Ramesh Kumar was travelling from Jodhpur to Barmer in the Roadways Bus being No. RJ 19P/989. The incident took place on 1.3.1995, at about 2.20 PM on Jodhpur-Pachpadra Road at a distance of 1= Kms from Bhandiyawas Bus-stand. At that time, a Truck bearing No. RSA 107, which was being driven rashly and negligently by Chainsukh @ Prem Dass, was coming from Panchpadra side and Bus No. RJ 19P/989 which was being driven by Shyam Bharti, was going towards Pachpadra side. Due to negligent driving of the Truck it dashed with the bus and caused accident. whereby, Surya Prakash, who was sitting just behind the seat of the driver in the Bus, sustained severe injuries and due to that, died in accident. It was stated that the deceased was 35 years of age at the time of accident and was doing business of Commission Agency and was earning Rs.5000/- per month. It was submitted that the whole family was dependent upon the income of deceased, thus, they suffered monetary loss and mental shock. The claimants herein are the dependents, i.e. widow, mother and father of late Surya Prakash who have filed a claim petition for awarding the compensation of Rs. 33,01,000/- on various heads in the court of M.A.C.T. At Nohar.
(3.) Non-claimant No.1 and 2 owner and driver of the said truck filed a joint reply. In their reply, they denied all the averments made in the claim petition. It was stated that the accident took place due to rash and negligent driving of the bus by its driver and, therefore, they are not responsible for paying compensation and further denied rest of averments made in the claim petition.;