Rajasthan State Road Transport Corporation v. Dilip Singh S/o Shri Hetram alias Rajendra Prasad
2023-07-06
NARENDRA SINGH DHADDHA
body2023
DigiLaw.ai
JUDGMENT : NARENDRA SINGH DHADDHA, J. 1. Instant appeal has been preferred by the appellants against the judgment and award dated 05.02.2021 passed by Motor Accident Claims Tribunal, Jhunjhunu (hereinafter referred to as ‘the Tribunal’) in M.A.C.T. Case No. 03/2017, whereby an amount of Rs.3,77,900/- alongwith interest @ 7% per annum from the date of filing of the claim petition was awarded as compensation in favour of the respondent No. 1 (for short ‘the claimant’). 2. Learned counsel for the appellants submits that the Tribunal had committed error in granting the compensation to the claimant. Learned counsel for the appellants also submits that witness AW2-Dinesh Kumar is cousin of the claimant. So, he is an interested witness and no reliance can be placed on his evidence. Learned counsel for the appellants also submits that Dinesh Kumar in his cross-examination stated that Subhash and Kurda Ram were also on the spot but claimant had not produced them in evidence. So, claimant’s story is not proved. Learned counsel for the appellants also submits that claimant had not mentioned in his claim petition regarding admission/treatment in Raj Hospital and Fracture Clinic. Learned counsel for the appellants also submits that claimant failed to prove the permanent disability certificate by adducing evidence of the Medical Board Doctors. So, award of the Tribunal be set aside. 3. Learned counsel for the claimant has opposed the arguments advanced by learned counsel for the appellants and submitted that the Tribunal rightly allowed the claim petition. So, the appeal be dismissed. 4. I have considered the arguments advanced by learned counsel for the appellants as well as learned counsel for the claimant. 5. The Tribunal while deciding the issue Nos.1 to 4 elaborately discussed the evidence and awarded a ‘just’ compensation. The findings arrived at by the Tribunal are based on legally sound reasoning, with which I fully concur. So, in my considered opinion, the Tribunal had not committed any error in allowing the claim petition. So, the present appeal being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. 6. Pending applications, if any, stands disposed of.