Rajasthan State Road Transport Corporation v. Bimla
2012-04-16
MOHAMMAD RAFIQ
body2012
DigiLaw.ai
RAFIQ, J.—Non-claimants, namely, Rajasthan State Road Transport Corporation and its Divisional Manager, have preferred this appeal dissatisfied with award dated 30.04.1998 of learned Motor Accident Claims Tribunal, Behror, District Alwar, in MAC Case No.30/1994, whereby learned Tribunal awarded compensation of Rs.2,20,000/- in a death claim. 2. Deceased Jaswant was driver of Matador No.DBL-8999 Tata 407, which belonged to non-claimant no.4/respondent no.8. A bus of appellant Corporation, which was being driven rashly and negligently by its driver, hit the Matador, and due to which Jaswant died on the spot. On considering the material on record, learned Tribunal held both the drivers responsible for the accident. Learned Tribunal recorded a finding that in case driver of Matador did not give proper side to the bus, then also the bus driver could have taken it on kachcha lane and avoided the accident. Coloured photographs of the site were produced on the record before the Tribunal and after examining them, learned Tribunal recorded that rear portion of the bus is shown to have covered more than half of the road and therefrom it appears that driver of the bus did not handle the bus carefully. Had the bus driver taken the bus on kachcha lane as precautionary measure, the accident could have been avoided. Learned Tribunal on the basis of oral and documentary evidence, assessed monthly income of deceased at Rs.1800/- and keeping in view number of dependents, deducted 1/3rd for his own expenses. Age of deceased was taken in between 30-32 years and keeping the age in view, learned Tribunal rightly applied multiplier of 15. After considering each and every aspect of matter, learned Tribunal has awarded a just and reasonable compensation of Rs.2,20,000/- holding both, appellant Corporation and respondent no.9 New India Insurance Company Limited, liable for its payment in equal proportion. 3. I do not find any infirmity in the finding recorded by learned Tribunal. 4. The appeal, being devoid of merit, is hereby dismissed.