Rajasthan State Road Transport Corporation, Jaipur v. Bachont Kaur
1998-03-19
P.C.JAIN
body1998
DigiLaw.ai
JUDGMENT 1. - The appellant has filed this appeal under section 173 of the Motor Vehicles Act, 1988 hereinafter referred to as ('the Act') against the judgment and award dated 6.9.1997 passed by Shri Tejpal Sihag. RHJS, Judge, Motor Accident Claims Tribunal, Sri Ganganagar in Claim Case No. 143/88 whereby the learned Judge awarded a sum of Rs. 60,000/- as compensation to respondents Nos. 1, 2 & 3. 2. I have heard learned counsel for the appellant and have also gone through the impugned judgment and award. 3. The brief facts relevant are that on 13.12.1987. Shri Sukhdeo Singh was going to Gidad Baha from Suratgarh while taking marriage party of Sardar Jagjeet Singh in Jeep No. RRC-9390. In the morning, at about 9.30 a.m., the Rajasthan Roadways Bus bearing No. RNP 1155, driven rashly and negligently by Mohd. Khan hit the jeep. As a result of the above accident, the driver of the said jeep died on the spot. Shri Karam Singh, who was also travelling in the above jeep, sustained grievous injuries. He, however, succumbed to his injuries while undergoing treatment. The respondents 1, 2 & 3 filed a claim petition under section 110-A of the Act. Smt. Naseeb Kaur is wife of Shri Karam Singh and Avtar Singh is a minor adopted son of Shri Karam Singh. Smt. Bachont Kaur is mother of Shri Karam Singh. The petitioner alleged that at the time of accident, Karam Singh was cultivating 25 bighas of agricultural land on contract basis from which he was earning Rs. 36,000/- per annum. He used to spent two-third portion of the income on his family. The claim petition was resisted by the appellant and respondent No. 4 on the ground that respondent No. 4 was driving the above bus cautiously and at a moderate speed. It was the rash and negligent act of the driver of the jeep that contributed to the accident. The non-petitioners, therefore, denied the allegation of rash and negligent driving and refuted the claim in toto. 4. On the basis of pleadings, the learned Tribunal framed issues. The learned Tribunal, after referring to the evidence of the parties, came to the conclusion that from the evidence of the claims, it was proved that the accident occurred on account of a rash and negligent act of respondent No. 4. The learned Tribunal relied on DW 4 who was an eye-witness.
The learned Tribunal, after referring to the evidence of the parties, came to the conclusion that from the evidence of the claims, it was proved that the accident occurred on account of a rash and negligent act of respondent No. 4. The learned Tribunal relied on DW 4 who was an eye-witness. He was also sitting a longwith Shri Karam Singh. He has stated that the bus came at a very high speed and dashed against the jeep. The collusion was very severe inasmuch as the driver of the jeep died on the spot and Shri Karam Singh also "p. sustained total injuries. DW 3 Balvinder Singh has also stated that the bus was being driven rashly and negligently. The learned Tribunal has also relied on FIR Ex. 2, charge-sheet Ex. 3, site plan Ex. 4 and injury report of Shri Karam Singh Ex. 6. He, therefore, decided issue No. 1 in favour of the claimants and against the non-petitioners. 5. Regarding compensation, the learned Tribunal allowed a consolidated compensation of Rs. 1,60,000 /-. Shri Karam Singh was 35 to 40 years of age at the time of accident. 6. After a perusal of the judgment, I find that the learned Tribunal has correctly assessed the evidence of the parties and his finding that the accident occurred on account of the rash and negligent act of the driver of the bus cannot be assailed. Though the learned Tribunal ought to have assessed the dependency and then have applied multiplier for assessing the compensation. Instead, he has allowed compensation in a lump sum. However, if we calculate the compensation by first ascertaining the dependency and then applying the multiplier, there will be no significant difference between the sum so arrived and the compensation awarded by the learned Tribunal. 7. I, therefore, find no substance in this appeal and it is hereby dismissed.Appeal Dismissed. *******