- (1.) THE brief facts giving rise to this appeal and cross-objections are that on 21. 7. 96 the deceased Tajendra Singh was going on his motorcycle RJ 14 8m 7483 from Jhotwara side toward Ajmeri Gate side in jaipur. The deceased Ramavtar Srimali was the pillion rider. When the aforesaid motorcycle reached in front of Ganpati Plaza after crossing the road leading to Polo Victory Cinema then the RSRTC bus no. RJ-28-P-0082 driven rashly and negligently by the driver Roop Narayan hit the motorcycle as a result of which Tajendra Singh and Ramavatar Srimali suffered serious injuries in consequence of which they died. Legal representatives of the deceased Tajendra Singh filed motor accident claim case no. 1346/96 whereas the legal representatives of the deceased ramavtar Srimali filed motor accident claim case no. 1398/96. Learned tribunal passed an award of Rs. 5,26,120/- in motor accident claim case no. 1346/96 and of Rs. 6,79,600/- in motor accident claim case no. 1398/96. Aggrieved, the appellant Rajasthan State Road Transport corporation has filed appeal only against the award passed in motor accident claim case no. 1346/06 and in this appeal the claimantsrespondents have filed cross-objections for enhancement of the compensation amount.
(2.) HEARD learned counsels for the appellant and learned counsel for the respondents.
(3.) LEARNED counsel for the appellant has submitted that the accident was caused due to contributory negligence of the deceased Tajendra singh and, therefore, the compensation amount be reduced to the extent of negligence of the deceased Tajendra Singh.;