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Rajasthan High Court · body

2009 DIGILAW 2092 (RAJ)

R. S. R. T. C. v. Shakuntla Devi

2009-10-05

MAHESH BHAGWATI

body2009
Hon'ble BHAGWATI, J.—The Rajasthan State Road Transport Corporation, Jaipur has impugned the award dated 2nd July, 2003 rendered by Motor Accident Claims Tribunal, Jhunjhunu whereby the learned Tribunal decreed an amount of Rs.3,42,000/- in favour of the claimants-respondents and against the appellants. 2. Learned counsel for the appellants has canvassed that the accident in question took place on account of the negligence of both, the truck driver as also the bus driver, whereas the learned Tribunal has held the sole negligence of driver of R.S.R.T.C Bus only. He has further canvassed that the truck driver parked the truck in the middle of the road and the bus driver, on account of bad weather and insufficient light, could not see the truck properly, hence, the truck driver also must be held liable to pay the amount of compensation. Learned counsel prays to allow the appeal and set aside the impugned award. 3. Learned counsel for the respondents, in contra, has contended that the award passed by the learned Tribunal is perfectly just and proper and the same does not call for any intervention. 4. Having heard the submissions made at the bar and carefully perused the relevant material on record including the impugned award dated 2nd July, 2003, it is noticed that the accident took place on Jaipur-Deoli National Highway No.12. The site plan and description memo prepared by the Investigating Officer of the case (FIR No.4/98) registered in the offences under Sections 279, 337, 304 of IPC at Police Station Deoli reveals that the width of the National Highway is 22 feet. The truck is found to have parked at point 'X', which is on the way side of the road. The bus is found to have hit the standing truck at its back and pushed the truck about 42 feet. The bus is also found to have hit the standing truck which was parked on the left side of the road. It was the duty of the bus driver to drive the bus carefully and cautiously. It is alleged that the bus driver drove the vehicle rashly and negligently and hit the standing truck on its back. To my firm view, the learned Tribunal has not committed any error in holding the sole negligence of the driver of the bus. No other argument has been advanced by the learned counsel for the appellants. It is alleged that the bus driver drove the vehicle rashly and negligently and hit the standing truck on its back. To my firm view, the learned Tribunal has not committed any error in holding the sole negligence of the driver of the bus. No other argument has been advanced by the learned counsel for the appellants. The learned Tribunal has critically examined the evidence on record and carefully analyzed the vital aspects of the claim. The finding arrived at by the learned Tribunal is just, proper and well merited and it does not warrant any intervention and thus, the appeal deserves to be dismissed at the threshold. 5. For the aforesaid reasons, the appeal filed by the R.S.R.T.C, Jaipur being bereft of merits and devoid of substance stands dismissed.