SABINA,J. - (1.) Vide this order above mentioned appeal as well as cross objection/appeal would be disposed of.
(2.) Claimants had filed the claim petition under section 166 of the Motor Vehicles Act, 1988, seeking compensation on account of death of Balwant Singh in the motor-vehicle accident which had occurred on 23.10.2006. Learned Tribunal vide award dated 26.03.2008 has awarded compensation to the tune of Rs. 38,04,144/- to the claimants. Hence, the appeal has been filed by the Rajasthan State Road Transport Corporation (hereinafter referred to as 'Corporation').
(3.) Learned counsel for corporation has submitted that the Tribunal has erred in assessing that the negligence on the part of the driver of the corporation was 80%, rather the accident had occurred on account of rash and negligent driving of the deceased himself. Deceased was driving his motor-cycle downhill, whereas, the bus driver was driving the bus uphill. Hence, the deceased was required to take more care and caution with regard to the vehicles being driven uphill. Learned counsel has further submitted that the income of the deceased had been assessed by the Tribunal on a higher side. Tribunal has erred in placing reliance on Exhibit 28-A while assessing the income of the deceased as the said document had been prepared after the death of the deceased. In-fact, the income of the deceased was liable to be assessed as per Exhibit-1 as the said document was signed by the deceased and had been presented before the income tax authorities on 8.8.2006, i.e., before the accident-in-question.;