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2021 DIGILAW 136 (RAJ)

Rajasthan State Road Transport Corporation v. Mani Bai

2021-01-19

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. Learned counsel for the appellant submits that respondent No. 3 is driver of the bus of the appellant and, therefore, there is no need to get the notices served. He prays for dispensing with the service of notice upon respondent No. 3. Ordered accordingly. 2. Heard learned counsel for the parties on the main appeal. 3. The present appeal is filed against the judgment and award dated 17.04.2015 passed by Motor Accident Claims Tribunal, Dungerpur, in Claim Case No. 97/12 whereby, a sum of Rs. 2,80,800/- with interest @ 9% p.a. from the date of filing of the claim petition has been awarded to the claimant-respondents. 4. Learned counsel for the appellant submits that the fact of the accident with the bus of the appellant on 04.08.2009 cannot be denied. The death of Bapu Lal in the accident is also an admitted fact. The contention of learned counsel for the appellant that finding of the learned Tribunal that bus driver was negligent in driving the bus, resulting into the accident is not correct. The Tribunal has not appreciated the facts in correct perspective and has fastened the liability of compensation on the appellants de hors the facts. Thus, the award of the Tribunal is liable to be set aside. 5. Per contra, the learned counsel for the respondents has submitted that the Tribunal has correctly framed the issues in the case and appreciated the facts absolutely in correct perspective, taking into consideration the evidence on record. The counsel further submits that as per the evidence, Issue No. 1 has rightly been decided against the appellant and the Tribunal has correctly awarded the sum taking into consideration the negligence of the driver of the bus causing accident in the present case. He further submits that the compensation has rightly been computed and the sum awarded is also a 'just compensation' in the present case. 6. Having considered the submissions made at the bar and gone through the findings recorded by the Tribunal in its judgment dated 17.04.2015, I am of the view that the finding of fact recorded by the Tribunal that accident occurred due to the rash and negligent driving of the driver of the appellant is just, proper and correct thus, the compensation awarded in favour of the claimants is also not required to be interfered with. 7. 7. Considering all facts, this Court finds no force in the appeal of the appellant as the same is bereft of merit. The appeal is dismissed accordingly. 8. The interim order dated 14.07.2015 stands vacated. The appellant is directed to deposit the entire amount within a period of four weeks, in pursuance of the directions of the Tribunal and same should be disbursed to the claimants forthwith.