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1996 DIGILAW 512 (RAJ)

Rajasthan State Road Transport Corporation v. Shankar Lal S/o Parthu & 2 Ors.

1996-05-10

MOHAMMED YAMIN

body1996
JUDGMENT 1. -This appeal has been directed against the judgment and award dated 20.8.1991 passed by the learned Motor Accident Claims Tribunal, Chittorgarh. 2. In brief the facts of the instant case are that on 8.1.1985 Shankar Lal was going on his bicycle on the foot- path near octroi-post on Chittorgarh-Udaipur road when Roadways' Bus No. RSJ 6991 was being driven rashly and negligently by Ramchandra (respondent No. 2), at high speed, hit Shankar Lal. The Jeep No. RJH 3792 was also struck by the Roadways' Bus. As a result of hit, Shankar Lal fell down. He sustained some grievous as well as simple injuries and became unconscious. 3. The Roadways and the driver of the bus pleaded before the learned Tribunal that the bus was not being driven rashly and negligently. It was also pleaded that no such accident took place. 4. The claimant-injured Shankar Lal raised a claim for Rs. 1,10,000/- as compen-sation. Learned Tribunal framed relevant issues and after recording evidence of claimant, came to the conclusion under issue No. 2 that this accident did take place and that Shankar Lal sustained injuries. Learned Tribunal arrived at this conclusion rightly because the Roadways and its driver did not produce any evidence in rebuttal to support their pleadings. The evidence produced by the claimant under issue No. 2 was suffice to hold that the accident did take place and that the claimant sustained injuries. 5. Learned counsel for the appellant Roadways contended before me that the learned Tribunal has wrongly held under issue No. 1 that the claimant was entitled to receive Rs. 11,540/- against compensation. 6. I have considered the rival contentions and gone through the evidence led by the claimant before the learned Tribunal, The appellant Roadways had not produced any evidence in rebuttal to what the claimant had proved. According to Shankar Lal he had to spend approximately Rs. 8,000/- for medicines and Rs. 2,000/- for nutritious food. However, in his evidence he was able to prove expenditure of Rs. 1,540/- only for medicine. The learned Tribunal granted Rs. 10,000/- as general damages and thus, an award of Rs. 11,540/- was passed. 7. Learned counsel for the appellant Roadways' is not in a position to assail these findings and the award of the learned Tribunal, as there is no evidence contrary to it on record. 1,540/- only for medicine. The learned Tribunal granted Rs. 10,000/- as general damages and thus, an award of Rs. 11,540/- was passed. 7. Learned counsel for the appellant Roadways' is not in a position to assail these findings and the award of the learned Tribunal, as there is no evidence contrary to it on record. The amount of compensation can in no way be said to be excessive. As. ,such, I find no force in this appeal and the same is hereby dismissed. No or to costsAppeal dismissed. *******