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2012 DIGILAW 387 (RAJ)

R. S. R. T. C. v. Sarka

2012-02-09

NISHA GUPTA

body2012
GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act against the award dated 26.11.2011 in MAC No. 1905/1999 (189/1998), whereby the claim petition filed by the respondents Nos. 1 to 3 has been allowed and compensation of Rs. 7,91,440/- has been awarded. 2. The brief facts of the case are that the claimants-respondents Nos. 1 to 3 filed a claim petition before the MACT, Ajmer against the appellant and the respondents Nos. 4 to 6 on account of loss suffered due to death of Dhermendra Kumar died in road accident occurred on 3.2.1998 at about 5.00 p.m. near Meo College, Ajmer due to rash and negligent driving of respondent No.4, who was driving Bus No. RNE-8664 belonging to the appellant. 3. No one is present on behalf of the appellant today and on previous dates also, nobody appeared on behalf of the appellant. The matter is of the year 2002 and hence, it is considered to fit to consider the appeal in the absence of counsel for the appellant. 4. Heard learned counsel for the respondent and perused the record, specially the impugned judgment and award. 5. The contention of the present appellant according to the memo of appeal is that issue No.1 has wrongly been decided in favour of the claimants. The scooter hit rear tyre of the bus and hence it as the deceased who was negligent and no liability could be fastened on the present appellant. 6. The learned Tribunal has considered the evidence produced before it on this fact and has considered the FIR, charge-sheet and site plan, which go to show that bus was driven rashly and negligently and the driver of the bus turned the bus without giving any indicator or blowing horn had hence it hit the scooter. It was stated by NAW-1 Rajkishore, driver of the bus that scooter hit the bus on the rear tyre but this fact could not be corroborated by site-plan Ex.3, wherein it has been mentioned that the bus hit the scooter by its front bumper and right side of the tyre and the fact was also considered by the Tribunal that charge-sheet under Sections 279 and 304-A IPC was filed against the driver of the bus. Hence, taking note of the totality of the facts and circumstances, the learned Tribunal has rightly decided the issue No.1 in favour of the claimants. Hence, taking note of the totality of the facts and circumstances, the learned Tribunal has rightly decided the issue No.1 in favour of the claimants. 7. Looking at the above, there is no need to interfere with the finding and conclusion arrived at by the Tribunal. The appeal has thus no force and the same is hereby dismissed.