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Rajasthan High Court · body

2011 DIGILAW 1832 (RAJ)

R. S. R. T. C. v. Babu Lal

2011-08-28

MAHESH CHANDRA SHARMA

body2011
Hon'ble SHARMA, J.—This appeal has been filed against the award dated 22.10.2003 passed by MACT, Bundi awarding sum of Rs. 1,77,460/- to the claimant. 2. Brief facts of the case are that the claimant was going by cart on 6.3.2001 at 6. a.m. from Indergarh to Sumerganj Mandi and from the back bus No. RJ 28 P 0105 which was driven rashly and negligently by the driver of the Bus which hit the cart and on account of this leg of the claimant was amputated. 3. The MACT framed as many as three issues and Ex.1 to Ex.42 were produced. 4. The MACT after considering the evidence of the claimant and considering the documents Ex.1 to Ex.42 came to the conclusion that the accident took place on account of negligence of the driver of the roadways bus the MACT after considering the income of the claimant awarded a sum of Rs. 1,77,460/- vide award dated 22.10.2003. 5. Mr. Virendra Agarwal, learned counsel for the R.S.R.T.C. has argued that the computation of income by the MACT is irrational. 6. Mr. Ajeet Kumar Sharma, learned counsel for the claimant has argued that the MACT has considered the documents and the evidence on record and awarded the amount after considering the disability of the claimant. The award passed by the MACT is just and proper. 7. I have considered the arguments of the learned counsel for the parties. The MACT has rightly considered the FIR and relevant document in arriving at the conclusion that the driver of the Bus was responsible for causing the accident as he rashly and negligently driven the bus and caused the accident. It has come in the evidence that the claimant was earning 5 to 6 thousand per month. The claimant suffered disability 60% on account of amputation of his leg. The age of the claimant was estimated between 50-55 years. On account of future earning the MACT awarded a sum of Rs. 1,32,000/- to the claimant. On account of mental agony Rs. 20,000/- were awarded. The claimant produced medical expenses bill in the amount of Rs. 3460/-. For loss of the cart a sum of Rs. 2,000/- was awarded. For other expenses a sum of Rs. 20,000/- was awarded. In all Rs. 1,77,460/- was awarded to the claimant. 8. The amount of Rs. On account of mental agony Rs. 20,000/- were awarded. The claimant produced medical expenses bill in the amount of Rs. 3460/-. For loss of the cart a sum of Rs. 2,000/- was awarded. For other expenses a sum of Rs. 20,000/- was awarded. In all Rs. 1,77,460/- was awarded to the claimant. 8. The amount of Rs. 1,77,460/- awarded by the MACT as compensation to the claimant cannot be said to be unreasonable. The award of the MACT is just and proper and it does not call for any interference. The findings arrived at by the MACT stand confirmed. The appeal filed by the R.S.R.T.C. deserves to be rejected. 9. For the reasons mentioned above, this appeal fails and is hereby rejected. The award of the MACT stand confirmed. The interim stay granted on 9.2.2004 stands vacated. The stay application also stands rejected. The MACT is directed to disburse the award money to the claimant as per the award.