P.C. Jain, J. - (1.) The appellant has filed this appeal under section 173 of the Motor Vehicles Act, 1988 hereinafter referred to as ('the Act') against the judgment and award dated 6.9.1997 passed by Shri Tejpal Sihag. RHJS, Judge, Motor Accident Claims Tribunal, Sri Ganganagar in Claim Case No. 143/88 whereby the learned Judge awarded a sum of Rs. 60,000/- as compensation to respondents Nos. 1, 2 & 3.
(2.) I have heard learned counsel for the appellant and have also gone through the impugned judgment and award.
(3.) The brief facts relevant are that on 13.12.1987. Shri Sukhdeo Singh was going to Gidad Baha from Suratgarh while taking marriage party of Sardar Jagjeet Singh in Jeep No. RRC-9390. In the morning, at about 9.30 a.m., the Rajasthan Roadways Bus bearing No. RNP 1155, driven rashly and negligently by Mohd. Khan hit the jeep. As a result of the above accident, the driver of the said jeep died on the spot. Shri Karam Singh, who was also travelling in the above jeep, sustained grievous injuries. He, however, succumbed to his injuries while undergoing treatment. The respondents 1, 2 & 3 filed a claim petition under section 110-A of the Act. Smt. Naseeb Kaur is wife of Shri Karam Singh and Avtar Singh is a minor adopted son of Shri Karam Singh. Smt. Bachont Kaur is mother of Shri Karam Singh. The petitioner alleged that at the time of accident, Karam Singh was cultivating 25 bighas of agricultural land on contract basis from which he was earning Rs. 36,000/- per annum. He used to spent two-third portion of the income on his family. The claim petition was resisted by the appellant and respondent No. 4 on the ground that respondent No. 4 was driving the above bus cautiously and at a moderate speed. It was the rash and negligent act of the driver of the jeep that contributed to the accident. The non-petitioners, therefore, denied the allegation of rash and negligent driving and refuted the claim in toto.;