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2021 DIGILAW 594 (RAJ)

General Manager, Rajasthan State Road Transport Corporation v. Kaliya

2021-03-10

VINIT KUMAR MATHUR

body2021
JUDGMENT Vinit Kumar Mathur, J. - The present appeal has been preferred by the appellant - Rajasthan State Road Transport Corporation assailing the validity and legality of the Judgment & Award dated 01.10.2018 passed by the Judge, Family Court, Banswara in M.A.C. Case Nos. 93/2017 (Old No. 219/2014) (Kaliya & ors. Vs. Manager, RSRTC & ors.) vide which the Tribunal partly allowed the claim petition awarding a sum of Rs. 6,53,340/- as compensation in favour of the respondents-claimants on account of death of deceased Dinesh in the accident which occurred on 14.03.2014. 2. The facts of the case in short are that on 14.03.2014 in the morning at 10.00 A.M., one Dinesh along with Mohan and Narayan was coming from Ganoda to Banswara on the motor-cycle bearing Registration No. RJ-12-SB-6126. When they reached near the Bhuwasa Bus Stand, the non-claimant No. 5 - Banshilal Meena, the driver of the roadways bus bearing Registration No. RJ-22-PA2896 plying it rashly, negligently and at high speed, hit their motor-cycle, due to which Dinesh, Narayan & Mohan sustained grievous injuries. On account of said injuries, Dinesh died while undergoing treatment on 14.03.2014. In these circumstances, the respondents-claimants being legal representatives of the deceased Dinesh preferred the claim petition before the Tribunal claiming compensation under various heads from the appellant - Corporation. 3. The Tribunal after framing the issues, evaluating the evidence on record and hearing the arguments of the parties, passed the Judgment & Award dated 01.10.2018 partly allowing the claim petition. Hence, the present appeal has been preferred by the appellant - Corporation before this Court. 4. Heard learned counsel for the parties. 5. Learned counsel for the appellants submits that the findings recorded by the Tribunal on Issue No. 1 are laconic and totally non-speaking. He further submits that the Tribunal has not appreciated the evidence on record and thus, has erred while recording the finding that the driver of the appellant's bus was only responsible for the accident in the present case. Learned counsel further submits that the amount of compensation awarded by the Tribunal in favour of the respondents-claimants on account of death of the deceased Dinesh in the accident occurred in the present case is quite excessive and the same is required to be suitably reduced. 6. Learned counsel further submits that the amount of compensation awarded by the Tribunal in favour of the respondents-claimants on account of death of the deceased Dinesh in the accident occurred in the present case is quite excessive and the same is required to be suitably reduced. 6. Per contra, learned counsel for the respondents-claimants while supporting the findings recorded by the Tribunal on Issue No. 1 submits that in light of the testimony of the injured Mohan and Narayan, the liability to satisfy the award has rightly been fastened by the Tribunal upon the appellant - Corporation in this case. He further submits that the motor-cycle was being driven on its correct side and because of the rash and negligent driving of the bus, the accident occurred in the present case and therefore, the findings recorded by the Tribunal on Issue No. 1 do not suffer from any infirmity. He further submits that the amount of compensation awarded by the Tribunal is 'just compensation' in the present case as the correct factors of multiplier have been applied by the Tribunal while calculating the award in the present case. He, therefore, prays that the appeal of the appellantCorporation may be dismissed. 7. I have considered the rival submissions of the parties and gone through the judgment and award impugned as well as other relevant documents. 8. A perusal of the judgment and award impugned shows that the findings recorded by the Tribunal qua Issue No. 1 are totally unreasoned as the Tribunal has not taken into consideration the evidence produced before it minutely. The Tribunal has merely stated that since the court of competent criminal jurisdiction has proceeded against the driver of the appellant's bus pursuant to the charge-sheet filed against him, therefore, the bus was being driven rashly and negligently. 9. For better appreciation of facts, this Court has gone through the site plan prepared by the police during the course of investigation. In the present case, it is an admitted fact that the bus of the appellant-Corporation was being driven from Banswara to Udaipur. As per the site plan, the bus was required to be driven on the left side of the road, whereas, the place of accident, which has been shown from mark 'X' in the site plan, has been shown on the opposite side of the road. As per the site plan, the bus was required to be driven on the left side of the road, whereas, the place of accident, which has been shown from mark 'X' in the site plan, has been shown on the opposite side of the road. Therefore, it can safely be inferred that the bus had hit the motor-cycle on the opposite side i.e. right side of the bus and the motor-cycle was being driven on its correct side as the same was coming from Udaipur to Banswara. Therefore, as per the site plan, the place of accident is on the opposite side of the bus, hence, the bus had crossed the mid-line of the road and collided with the motor-cycle which was coming from the opposite direction. Thus, a perusal of the site plan will go to show that the bus was not driven on its correct side and therefore, it can be safely inferred that the accident was caused on account of rash and negligent driving of the driver of the appellant's bus in the present case. Therefore, the findings recorded by the Tribunal on Issue No. 1 against the appellants are correct and in view of the appreciation of evidence done by this Court, the same do not call for any interference. 10. As far as the calculation of the award in the present case is concerned, it is found that the Tribunal has rightly applied the factors for determination of the compensation and therefore, the same is also in conformity with the law on the point as per the judgments of the Hon'ble Supreme Court. In these circumstances, this Court is not inclined to interfere in the judgment and award dated 01.10.2018 passed by the Tribunal. 11. In view of the discussion above, there is no substance in the appeal preferred by the appellant - Corporation and therefore, the same is hereby dismissed.