- (1.) This appeal is directed against the award dated October 17, 1984 of the Motor Accidents Claims Tribunal, Jodhpur, awarding compensation of Rs. 36,000/- each to appellants No. 2 to 4 and disallowing the claim of appellant No. 1, as being barred by limitation.
(2.) The accident took place on November 23, 1980 by an Army Jeep-75B-15858-M, belonging to the Union of India, involving death of Capt. Khushal Singh. The jeep was coming from Naseerabad to Jodhpur. Its regular driver was Ram Naresh Singh but at the relevant time it was being driven by Capt. Gopinath. On the way, on account of the rash and negligent driving by Gopinath the jeep over-turned near Banad, resulting in the accident. Capt. Khushal Singh received injuries in the accident and was shifted to the Military Hospital, Poona, where he died on December 6, 1980.
(3.) A claim petition was filed by his widow and minor children. Appellant No. 1 is the widow and appellants No. 2 to 4 are the daughters and the son. The Tribunal, by the award dated October 17, 1984, accepted the claim petition of the minor children but dismissed the claim filed by the widow Smt. Krishna Rathore. The Tribunal held that the accident was the result of rash and negligent driving by Capt, Gopinath, who was driving the vehicle at the time of the accident. Aggrieved by the aforesaid award of the Tribunal, appellants Nos. 2 to 4 have filed the present appeal for enhancement of the amount of compensation and appellant No. 1 has appealed that the decision of the Tribunal to disallow her claim on the ground of being barred by limitation, was erroneous.;