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2013 DIGILAW 488 (RAJ)

RSRTC v. Jagdish

2013-02-28

MAHESH CHANDRA SHARMA

body2013
JUDGMENT 1. - This appeal has been filed against one judgment and award passed by MACT. 2. Brief facts of the case are that on 24-5- 1994 at about 10.00 a.m. near Gram Sarola Khurd, when the bus of Rs. TC No. RJ 14- 1968 was coming from Khanpur side, met with an accident with Jeep No. RJ-20C-0346, due to which Chander Prakash S/o Jagdish died, who was sitting in the bus. 3. Thereafter FIR was lodged, claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 5.01,000/- in favour of climants and against the non-claim- ants. 4. RSRTC has filed the aforesaid appeal challenging quantum of compensation. 5. Learned counsel for the RSRTC has contended that the learned Tribunal has committed a grave error in not considering the objections raised by the RSRTC properly. The impugned award is Contrary to the evidence and material available on record and it suffer from application of judicious mind. He was further contended that the learned Tribunal has committed serious error in holding that accident in question occurred due to the sole negligence of the driver of RSRTC bus driver though were was sufficient evidence on record to show that the deceased himself was negligent as he was getting down from the bus while it was in motion and that too without making any request to the driver. Hence, the award is liable to be quashed and set aside. 6. E. Converso, the learned counsel for the respondents defended the impugned award and stated the same to be just and apposite. 7. Having heard the learned counsel for the parties and carefully perused the impugned award including the relevant mate- rial on record, it is noticed that the learned tribunal having dealt with each and every aspect of the matter ad longum and the evidence emerging on record, rightly, awarded the quantum of compensation. The impugned award passed by the learned Tribunal is found not to have suffered from any legal flow, it is found to be just and apposite, based on cogent finding, with which I fully con-, cur. 8. The impugned award passed by the learned Tribunal is found not to have suffered from any legal flow, it is found to be just and apposite, based on cogent finding, with which I fully con-, cur. 8. For the reasons stated, I do not find any ground to interfere in the impugned award passed by the learned Tribunal and the appeal filed by the RSRTC being bereft of any merit deserves to be dismissed, which stands dismissed accordingly. 9. Stay application also stands dismissed.Appeal Dismissed. *******