Honble MADAN, J. - These two cross appeals filed under S. 110 D of the Motor Vehicles Act, 1939 arise out of an Award dated 21.4.1988 passed by Motor Accident Claims Tribunal, Tonk in Motor Accident Claim Petition No. 8/1982; whereby an Award amounting to Rs. 60,000/- has been passed against the appellants and proforma respondent No.5 in S.B. Civil Miscellaneous Appeal No. 147/88. Appeal No. 147/88 has been filed by State of Rajasthan and Deputy Director Agriculture (Extension) Tonk, against the claimants and the driver for setting aside the Award dated 21.4.1988 and Appeal No. 105/88 has been preferred by driver Bashir Khan against the claimants and the appellants in Appeal No. 147/88, for setting aside the above Award. Both these appeals are disposed of by this single judgment, since they arise out of the same Award as indicated above.

(2). Brief facts giving rise to these appeals are that a motor accident took place on 3.1.82 at about 6.15 p.m. involving Jeep No. RJX 1894 which was being driven by Bashir Khan Driver, appellant in appeal No. 105/88, who was at the relevant time in the employment of Director Agriculture, Government of Rajasthan, Jaipur. In the said accident one person Isar son of Mangilal victim of the accident, lost his life. The dependants of the deceased Isar, namely, Mst. Bhooli widow of Mangilal (mother of the deceased), Mst Prahaladi widow of the deceased, Ramlal and Sohan both minor sons of the deceased under the guardianship of their mother Mst. Prahaladi, filed a claim petition before the Motor Accident Claims Tribunal, Tonk. The claimants claimed an amount of Rs. 1,92,600/- against the State and the driver of the Jeep Bashir Khan. The learned Tribunal after examining ocular as well as the documentary evidence led before it, passed an award on 21.4.1988 whereby a sum of Rs. 60,000/-was awarded in favour of the claimants and against the State and the driver of the Jeep. Aggrieved by the said Award both the above appeals have been filed in this court as indicated above.

(3). The case of the claimants briefly stated, is that on 3.1.1982 at about 6.15 p.m. Isar (deceased) and Ramlal (PW.4) were going on their cycles from Bada Kuwa towards Ghantaghar, Tonk. The driver of the jeep came suddenly from the front side driving Jeep No. RJX 1894 so rashly and negligently and by driving the said Jeep towards wrong side, he came close to the cycles driven by Isar and Ramlal and hit the cycle of Isar deceased who as as result of which fell down from the cycle and sustained injuries on his nose and ears which started profusely bleeding. Thereafter Ramlal PW.4 lodged a report with the police station. A site plan of the place of incident was also prepared by Ramsingh vide Ex.P.2 Dr. V.D. Sharma had medically examined the deceased vide injury report Ex.A.l. The Jeep in question was a Government Jeep belonging to State Agriculture Department viz. office of respondent No.2, Deputy Director, Agriculture (Extension) Tonk. The victim Isar was rushed to hospital, Jaipur where he succumbed to his injuries. The claim was filed by the dependants of the deceased Isar before Motor Accident Claims Tribunal, Tonk wherein they claim a sum of Rs. 1,92,600/- towards compensation.

(4). The claim petition was contested by the State by denying the negligence of the driver of Jeep in question and by putting the blame on the deceased and Ramlal PW.4 by contending that the accident had occurred on account of negligent manner in which the deceased and Ramlal were driving their cycles and not on account of negligence of the jeep driver. It was however, admitted that at the time of accident the jeep in question was Government vehicle belonging to the Agriculture Department of the State being driven by Bashir Khan driver, which at the time of accident was proceeding for fetching the diesel from his office towards Petrol Pump. On the fateful day the road was in the state of repairs and half of the road was closed to traffic and the driver of the je

Click Here to Read the rest of this document