GUMAN SINGH, J. - (1.) HEARD learned counsel for the parties.
(2.) CMA No.696/1998 has been preferred on behalf of dependents of deceased for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Kotputli-camp-Shahpura vide judgment dated 10.3.1998 whereby a sum of Rs.2,48,800/- was awarded by way of compensation for the death of deceased in the accident. The cross CMA No.1391/2000 has been preferred on behalf of RSRTC challenging the aforesaid award on the ground that the learned Tribunal has failed to consider the contributory negligence on the part of deceased who was driving the jeep which was involved in the accident with RSRTC bus. For the purpose of disposal of these appeals, facts in brief are that on 16.6.95, the deceased Manoj Kumar was going from his village to the side of Thanagaji by jeep No.HR 20/2708. At about 11.00 PM, RSRTC bus No.RJ 02/P-0354 came from opposite direction an dashed against the jeep resulting in death of deceased. Learned counsel appearing for the RSRTC has strenuously argued that the learned Tribunal has failed to consider that jeep driver has also contributed in the accident as he was negligent in driving the jeep. Per contra, learned counsel appearing for the dependents of deceased argued that AW-4 Kishan was traveling in the jeep and as per his statement, it was bus driver who was driving the bus rashly & negligently and solely responsible for the accident. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that accident took place in the night at 11.00 PM and the deceased was dashed by the RSRTC bus coming from opposite direction. From the evidence of AW-4 Kishan, it is revealed that jeep was being driven at a speed of 30-35 Km/h while the speed of bus was on higher side and accident took place on account of rash & negligent driving of bus driver. The driver NAW-1 Makhan Singh has been examined in this case. He has deposed that jeep driver was responsible for the accident.
(3.) THE learned Tribunal has taken into consideration the entire evidence on the point and has observed that after investigation, the driver of the bus was found responsible for the accident and he was challaned for that. In view of evidence adduced on behalf of dependents of deceased, it is revealed that jeep driver did not contribute in the accident and the accident occurred entirely on account of rash and negligent driving of RSRTC bus driver. Thus there is no evidence on record to interfere in the finding of the Tribunal and the challenge of RSRTC on the point is not sustainable. Accordingly CMA No.1391/2000 filed by RSRTC stands dismissed. As regards the quantum of compensation, it is revealed that the deceased was driving the jeep and he used to earn his livelihood by driving the jeep which belongs to his wife. AW-1 Smt. Banarsi, widow of deceased has appeared in evidence and deposed that deceased was earning RS.2000/- per month to support the family and parents and survived by widow and two minor children. Thus the amount deserves to be computed by taking into account sum of Rs.2000/- as contribution to the family in place of Rs.1500/- found by the Tribunal and the amount can be computed as under:2000x12x16(multiplier)=Rs.3,84,000-(minus) Rs.2,68,000 (already awarded)=Rs. 1,16,200/- (to be additionally awarded). ;