Sobhagmal Jain, J. - (1.) By the award dated April 4, 1985, the Motor Accidents Claims Tribunal, Jodhpur, has awarded a sum of Rs. 60,000, with interest at the rate of 10% per annum, to the claimants.
(2.) The accident out of which the present appeal arises, took place on November 15, 1981 on the Chopasni Road near Shanishcharji-ka-Than. In the accident Magh Narain sustained injuries and he was removed to the Mahatma Gandhi Hospital where he died the same day. It was alleged that a Jeep bearing No. RSN-5789 driven by Ashulal, dashed against the cycle on which Magh Narain wits going on the road, The jeep belonged to the State of Rajasthan. A claim petition was filed by Smt. Chandia Devi, widow of Magh Narain and Shri Ravi Prakash, his son for compensation of Rs 3,50,000. It was alleged that the jeep was driven by Ashulal, rashly and negligently. The petition was contested by the opposite parties, the State of Rajasthan and Ashulal, who is appellant herein. Their case was that Magh Narain was an old man. He himself took an abrupt turn and due to this he fell down and collided with the jeep. According to them, the driver of the jeep was not driving the vehicle rashly or negligently.
(3.) The Tribunal, by the award dated April 4, 1985, held that Ashulal, driver of the jeep, was driving the vehicle at a fast speed. His act was rash and negligent which caused the accident. The Tribunal awarded a sum of Rs. 60,000 with interest, at the rate of 10% per annum, as compensation to the claimants. Aggrieved by the aforesaid award of the Tribunal Ashulal, driver, has filed the present appeal in this court.;