MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH ITS DIVISIONAL CONTROLLER NANDED DIVISION, NANDED Vs. SHABANA BEGUM W/O SALIM KHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and award dated 4.9.2010, passed by the Member, M.A.C.T. Nanded in M.A.C.P. No. 213 of 2004, the respondent M.S.R.T.C. has preferred this appeal.

(2.) Brief facts giving rise to the present appeal are as follows:-

(3.) The learned counsel for the appellant M.S.R.T.C. submits that there was no head on collision between two vehicles and at the time of crossing of U shape road, the jeep brushed against rear portion of S.T. Bus. The learned counsel submits that the driver of the S.T. Bus is not responsible for the accident in any manner. However, the Tribunal has not considered the evidence adduced by the appellant M.S.R.T.C. and also not given weight age to the admission given by the eye witness Vazirkhan, examined by the claimants. Learned counsel submits that the Tribunal has also awarded exorbitant amount of compensation. Learned counsel for the appellant submits that in sister claim the Tribunal has held that the driver of the jeep was alone responsible for the accident and exonerated the M.S.R.T.C. from paying the compensation. However, in the present claim petition, the Tribunal has recorded a finding contrary to its earlier decision. Though there is no income proof of the deceased, the Tribunal has considered the income of deceased on higher side and awarded exorbitant amount of compensation.