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Rajasthan High Court · body

2011 DIGILAW 2722 (RAJ)

Rajasthan State Road Transport Corporation v. Jamna Bai

2011-12-12

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—Ground of appeal that has been urged in assailing the award of the Motor Accident Claims Tribunal, Baran dated 15.5.1997 by the learned counsel for the appellant-RSRTC is that the passengers forced the driver of the bus of appellant-RSRTC to start the bus and cross the flowing nala, which was full of water. Accident took place due to own negligence of the passengers and therefore the appellant cannot be held liable to make payment of compensation to the claimants. Tribunal has analysed this argument in the light of the evidence of various witnesses and the other evidence available on record. Tribunal has found that the appellant could not satisfy as to who forced and how the force was applied on the driver and when the driver sat on the staring, he started the engine of the vehicle and then drove the same into the nala. It cannot be believed that he was doing so as he was beaten by the passengers. Evidence of the driver and conductor could alone be nai and assertion cannot be accepted. Tribunal awarded Rs.1,88,000/- in a death claim. The accident took place on 15/7/1995. 2. I therefore do not find any infirmity in the award and reason to interfere therewith. The appeal is accordingly dismissed. The appellant shall comply with the award within thirty days. A copy of this order be forwarded to claimant-respondent No.1.