RAJASTHAN ROADWAYS, ALWAR Vs. BHAGWAN SINGH & ANR.

JUDGEMENT

(1.) THE Appellant Rajasthan Roadways impugns a judgment dated 30.10.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 65,600/ - was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which took place on 24.07.2000 involving the Appellant's bus No. RJ -02P -0940. As per the case set up by the First Respondent, on 24.07.2000 at about 9.15 am he was travelling in the earlier said bus. When the bus reached in the area of PS Kishangarh, the bus hit a tractor which was going ahead of it. There was a big noise and all of sudden he found his left arm sustained a massive hit. He suffered multiple fractures on his left arm. He was removed to the hospital by the bus driver.

(2.) ON appreciation of evidence, the Claims Tribunal relied on Pepsu Road Transport Corporation v. Qimat Raj Jain, : 1985 ACJ 16 and held that having regards to the dismal state of Indian roads that are very narrow and single, it was expected that the driver of the passenger bus must avoid contact with the body of other vehicles which pass in same direction or opposite direction so as to avoid injuries to the passengers who may be resting their elbow on the window. The Claims Tribunal held that there was culpable negligence on the part of the driver. The compensation of Rs. 65,600/ - awarded by the Claims Tribunal is tabulated hereunder: -

(3.) THE following contentions are raised on behalf of the Appellant Rajasthan Roadways: