JUDGMENT :

1. This appeal under the Motor Vehicles Act is at the instance of the owner of the vehicle and is directed against the award dated 07.12.2001 passed by the Motor Accident Claims Tribunal, Bikaner in Motor Accident Claim Petition No. 256/1997 whereby, disposing of the application by awarding a sum of Rs.12,84,840/-as compensation for the death of Madho Singh arising out of the accident where the bus owned by the appellant was involved.

2. Being dissatisfied, the owner of the vehicle namely Rajasthan State Road Transport Corporation (for short, “RSRTC”) has come up with the present appeal.

3. There is no dispute that on 02.10.1997 at about 1:35 pm, while the driver of the bus No. RJ-07-P-1038 left from Deshnok bus stand for Jodhpur and as soon as the bus started moving a little, it ran over Madho Singh and consequently he died. The claim petition was filed by his wife Mrs. Vimla Devi and four siblings. They are claiming that the deceased Madho Singh was working as a Constable in the police department of Government of Rajasthan and he used to earn Rs.50,400/-per annum. The