R.P. Awasthy, J.--1. Claimants Smt. Vimla Devi Khemka and her three issues have filed the present appeal for enhancement of the amount of Rs. 54,000/- (Rupees fifty four thousand) with interest at the rate of 6% per annum from the date of petition till the said amount is deposited in the Tribunal, which has been awarded by the Tribunal for the accidental death of Rajendra Prasad Khemka, who was the husband of the Claimant No. 1 (Smt.-Vimla Devi Khemka) and father of the Claimants No.2 to 4 (Ku. Annapurna Khemka, Ku. Mamta Khemka and Munna). Madhya Pradesh State Road Transport Corporation has also filed appeal against the same award challenging the finding of holding the driver of its bus to be rash or negligent, in driving the violating bus. Both of the said appeals shall be simultaneously disposed of by this single order.

2. Claimant‘s' contention is that on 10.6.81 Driver Shankar Singh was bringing the violating bus from Rewa towards Satna driving it in a rash and negligent manner. The said bus was mechanically so defective that it was not road-worthy. When the said bus reached on the road near village Kothar, the Jeep, on which Rajendra Prasad and other passengers were travelling came there from the opposite direction. The jeep was being driven by its driver in a slow and cautious manner. When the jeep was about to cross the culvert near the said village, the driver of the jeep gave the signal of crossing the said culvert first, by flashing the lights of the said jeep. Inspite of the said signal being given by the driver of the said jeep, the driver of the said bus did not or could not stop the said bus and the bus also entered the said narrow culvert and dashed against the jeep. The bus was being driven in such a rash manner that it dragged the jeep for about one furlong towards the direction in which the bus was proceeding. Immediately after the accident taking place, the driver of the said bus got down from it and fled away. A report regarding the said accident was lodged at Police Station Chorhata, District Satna, where a case for committing offences punishable under sections 279, 338 and 304-A of the I.P.C. was registered against the driver of the bus.

3. Rajendra Prasad Khemka, who was aged about 30 years at the time of accident, and was dealing in textile material under the name and style of "Rajendra Fancy Stores' Satna, died at the place of the incident itself. Apart from the said business, he was doing the work in the shop by name Sitaram Biharilal. He was earning Rs. 15,000/- per annum. He would have had survived for 35 years more. The claimants made a claim for loss of love and consortium also. A total claim of Rs. 3,30,000/- was made by them.

4. The Non-applicants in the Claims Tribunal (who shall be referred as non-applicants for the purpose of convenience, in this award) denied the said allegations and submitted that the accident was solely the result of rash and negligent driving of the jeep. As the accident did not take place within the territorial jurisdiction of the Revenue District of Satna, the relevant accident Claims Tribunal had no territorial jurisdiction to try the claim of the Claimants. Since the owner, driver nd insurer of the jeep were not made parties to the said petition, the petition suffered from the defect of non-joinder of necessary parties.

5. After recording evidence in the case, the trial Court held that the driver of the relevant bus was solely responsible for the accident and only on account of his rash and negligent driving of the bus, the accident took place. Regarding quantum of compensation, the learned Member of the Tribunal came to a finding that annual income of Rajendra Prasad Khemka was Rs. 15,000/-. It further held that since after the death of Rajendra Prasad, the shop which was being run by Rajendra Prasad had been leased out on rent of Rs. 500/- per mensum, an amount of Rs. 6,000/- was liable to be deducted from the said amount of annual income of the deceased. On dedu