VIRENDRA KUMAR MATHUR,J. - (1.) The aforesaid Civil Misc. Appeals have been preferred under section 173 of the Motor Vehicles Act, 1988 against judgment and award dated 31.10.2001 passed by the Motor Accident Claims Tribunal, Pali in MACT Case No. 146/2001 (28/97) {Pushpa Devi and others v. Sharif Khan and others}.
(2.) The appeal No.143/2002 has been preferred by the claimants, seeking enhancement of compensation amount quantified and awarded vide judgment dated 31.10.2001 whereby the learned Tribunal, on adjudication of the claim of appellants under section 166 of the Act of 1988 assessed the compensation at Rs. 4,15,000/- under different heads. In connected Appeal No.411/2001, the non-applicant-appellant Rajasthan State Road Transport Corporation has prayed to quash and set aside the judgment and award dated 31.10.2001 on various grounds. Both the aforesaid appeals are being considered and decided by this common judgment.
(3.) The facts of the case giving rise to these appeals, briefly stated, are that on 16.10.1996 at about 5:00PM Gyan Chand Daga and Rajesh Tiwari coming to Pali from Jodhpur on Bajaj M80 motorbike No.RJ22-M-8313. Near Mogra, respondent No.1 Sharif Khan, who was working under the control and employment of respondents No.2 and 3 (RSRTC), while driving Bus No.RJ27-P-1174 rashly and negligently, hit aforesaid Bajaj M80 bike by coming to wrong side of the road. Due to this, Gyan Chand Daga and Rajesh Tiwari suffered injuries. Both of them died by those injuries. In this connection, an FIR No.150/96 was registered at Police Station, Luni. At the time of accident, owner of the Bus were respondents No.2 and 3.;