Dinesh Chandra Somani, J. - (1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the non-claimant/appellants against the award dated 22.8.2007 passed by Judge, Motor Accident Claims Triubnal, Tonk (in short 'the Tribunal') in Claim Petition No.17/2006 titled as Smt. Chanda Devi & Ors Vs. Mukesh Kumar & Ors., whereby the claim petition was allowed and the non-claimants were directed to pay compensation of Rs.12,00,624/- to the claimants with interest @ 6% per annum from the date of filing of the claim petition.
(2.) Skeletal material facts necessary for disposal of this appeal are that the claimant-respondents being widow and children of the deceased-Ashok Kumar, filed a claim petition under Section 166 & 140 of the Motor Vehicles Act, 1988 before the learned Tribunal claiming compensation for the death of Shri Ashok Kumar, occurred on 24.9.2005. It is stated in the claim petition that on the fateful day, the deceased-Ashok Kumar was travelling in bus No.RJ-08/P-0590 owned by non-claimant/appellants. The bus was driven by non-claimant/respondent No.4. When the bus reached near Pech-Ki-Bawadi on Itunda Road, driver of the bus rashly and negligently hit the truck standing ahead of it and caused an accident. In the said accident, Ashok Kumar sustained serious injuries and died. It is also stated in the claim petition that the deceased-Ashok Kumar was working as Conductor in Rajasthan State Road Transport Corporation and he was getting salary of Rs.7990/- per month. It is further stated that Ashok Kumar was 35 years aged at the time of accident. On account of death of Ashok Kumar, the claimants prayed to award compensation of Rs.35,59,740/- from the non-claimants.
(3.) The non-claimant/respondent No.4 opposed the claim petition by filing reply thereto. The non-claimant admitted the factum of the accident and registration of FIR as stated in the claim petition. The non-claimant also admitted the registration number, names of driver and owner of the bus involved in the accident, and denied all other material averments of the claim petition stating therein that he was driving the bus carefully in his correct side at slow speed. The accident occurred because of fault of driver of the truck, which was going ahead the bus. It is also stated that driver of the truck suddenly stopped his vehicle without applying horn or any signal. Though answering nonclaimant applied the brakes, even then the bus collided with the truck. It is further stated that the amount claimed in the petition is exaggerated and prayed to dismiss the claim petition against him.;