RAJASTHAN ROADWAYS TRANSPORT CORPORATION Vs. MUKESH

JUDGEMENT

(1.) BY way of this appeal, the Rajasthan Roadways Transport Corporation seeks to assail the judgment and award of the Motor Accident Claims Tribunal passed in a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') filed by the respondents no.1 to 5 herein seeking compensation of ' 35,00,000/- for the death of their bread-earner Inderjeet, who sustained fatal injuries while driving a Maruti Esteem car, on account of the rash and negligent driving of a bus bearing no. RJ-06P-0947 belonging to the appellant herein and driven by the respondent no.6 Rattan Giri. The Motor Accident Claims Tribunal after considering the evidence adduced by the parties awarded compensation in the sum of ' 20,80,000/- inclusive of the interim award, with interest @ 7% per annum from the date of the filing of the petition till its realization, and held the appellant and the respondent no.6, jointly and severally liable to pay the same to the respondents no.1 to 5.

(2.) AGGRIEVED by the said award, the present appeal has been preferred by the appellant on two grounds. The first ground of challenge by the appellant is that the driver of the bus (the respondent no.6 herein) was not negligent and the appellant is therefore, not liable to pay any compensation. The second ground of challenge is that the amount awarded by the learned Tribunal is on the higher side.

(3.) AS regards the first ground of challenge, I find no merit in the same. There is on the record the statement of the eye-witness PW2, Sandeep, who stated on oath that on 2nd March, 2002 he was travelling in a Maruti Esteem car with his wife, which was driven by the deceased Inderjeet Yadav, and they were returning from Chittorgarh/Ajmer side to Gurgaon. The deceased was driving the Esteem car at a normal speed on the left side of the road and at about 3-4 p.m. when they reached near Mauza Kabelian, District Bhilwara, a bus bearing no. RJ-06P-0947 came from the front side which being driven at a very fast speed and in a rash and negligent manner, after overtaking a truck, hit against their car, dragging the car for some distance. Due to the impact, the deceased sustained grievous injuries while he (PW3) sustained simple injuries on his left hand and left leg and his wife suffered fracture of left leg. In the cross-examination of this witness, his testimony remained unshaken and as a matter of fact the witness clarified that the accident was caused by the bus while encroaching on their side of the road, when the said bus tried to overtake the truck.