Rajasthan State Road Transport Corporation, Jaipur v. Sarju Devi Sharma
2010-08-16
DALIP SINGH
body2010
DigiLaw.ai
Hon'ble SINGH, J.—Perused the application bearing No.23883 dated 21.10.2008 seeking extension of time to file the receipt with regard to the deposit in terms of the peremptory order passed by the Court on 14.10.2008. 2. The learned counsel has also drawn the attention of the Court to the receipt and the order-sheet which were filed before the Court on 14.11.2008. 3. In the facts and circumstances, the time as prayed for is extended. 4. The application stands allowed. 5. Heard learned counsel for appellant-RSRTC. 6. Since, the appeal has been pending before this Court since 30.09.2004, the appeal was heard on merits also. 7. The submission of the learned counsel for the appellant-RSRTC is that the learned Tribunal has erred in deciding Issue No.1 with regard to composite negligence on the part of the driver of the bus of the appellant-RSRTC as well as the driver of the Truck No.UP-72-A-5659. 8. I have perused the findings on Issue No.1 and I find that the learned Tribunal has taken into account the evidence recorded and has come to the conclusion that since the bus was not stationary and the window was opened the driver of the bus was also found guilty of negligence along with the driver of the truck. 9. Having regard to the facts and circumstances of the case it cannot be said that the learned Tribunal after appreciation of the evidence has come to a perverse finding and has committed an error in holding this to be a case of composite negligence on the part of the driver of the bus of the appellant-RSRTC as well as driver of the aforesaid truck or that the driver of the bus of the appellant was not at all guilty of negligence. The impugned award does not call for any interference. 10. The miscellaneous appeal is accordingly dismissed summarily. 11. The stay application also stands dismissed.