1. - This appeal, and cross objection, have been filed against the 1 judgment and award of learned Judge, Motor Accident Claims Tribunal, Ratangarh, dated 30.8.1996 decreeing the claim for a sum of Rs.2,90,000/-.

2. Facts of the case are that on 13.2.1994, at about 1.15 A.M. at Bus Stand Sujangarh, the delinquent bus No. RJ 14P-3145, which was going from Anupgarh to Jaipur, had come, and after the deceased Fakir Chand had alighted the bus, the driver abruptly put the bus in reverse gear, as a result of which, the deceased was run over by the front tyre, and received both external, and internal injuries, and died in the hospital.

3. According to the claim petition, the deceased was earning about Rupees 4000/- per month by running two Manihari shops, and was claimed to be 42 years of age. On this basis a total claim of Rs.40,000/- was filed.

4. The Corporation contested the claim by submitting the reply, alleging that there was no negligence on the part of the bus driver, rather, it was victim himself, who by his mistake. was run over by the bus. The driver also is filed a separate written statement, contending that though, he was driver, but at the time of accident bus was dri