Manak Mohta, J. - (1.) The instant appeal has been preferred by the Insurance Company against the judgment and Award dt. 09.11.2003 passed by learned Judge, Motor Accident Claims Tribunal, Bhilwara in Claim Case No. 79/92 (22/84), whereby the learned Tribunal has awarded compensation of Rs. 42,040/- plus interest in favour of the claimants and has held the Insurance Company liable for the entire amount.
(2.) Briefly stated the facts of the case are that on 07.04.1984 Devi Lal Gurjar (deceased) alongwith his son Gheesa were travelling by bus No. RJZ-9365 from Shahpura to their own village 'Dol Ka Khera'. The bus which was being driven by Chawand Singh (respondent No.12) in a rash and negligent manner, got overturned, as a result of which, Devi Lal Gurjar received simple as well as grievous injuries and as a consequence thereof expired, certain other co-passengers also received injuries.
(3.) On 08.10.1984, the claimants (legal heirs of deceased Devi Lal) submitted claim petition under Sec. 110-A of the Motor-Vehicles Act, 1939 before the learned Motor Accident Claims Tribunal, Bhilwara (in short Tribunal). It was also submitted that the deceased at the relevant time was aged 45 years and was an agriculturist having 27 bigha and 7 biswas land and was also rearing cattles, thus, was earning about Rs. 1700/- per month. Due to accidental death, it was asserted that the claimant suffered monetary loss and other losses. A total of Rs. 3,44,000/- was claimed as compensation for the untimely death of Devi Lal on different heads.;