M.P. STATE R.T.C. Vs. RAJKUMARI

JUDGEMENT

(1.) THE first respondent in this appeal filed claim petition claiming compensation of Rs. 1,25,000/ - on the ground that when her husband was travelling on the carrier of the cycle on 2.10.1982 at about 8.00 p.m. the bus belonging to the appellant and driven by the second respondent came from behind and dashed against the cycle, resulting in his death. Basing on the evidence adduced before it, the learned Motor Accident Claims Tribunal has awarded compensation of Rs. 55,000/ -.

(2.) ALLEGING that the said award is highly excessive, the M.P. State Road Transport Corporation has preferred the appeal. The claimant (the first respondent) has filed cross -objection on the ground that the compensation of Rs. 55,000/ - awarded by the Tribunal is low.

(3.) AS regards the first contention, excepting the vague suggestion made to the claimant during her cross -examination that cyclist had suddenly turned the cycle to a side, there is no other evidence adduced in support of that suggestion. The driver of the vehicle, who is under the employment of the appellant was not examined to contradict the statement of the claimant, who examined herself as P.W. 1 and deposed that the accident had occurred due to the rash and negligent driving of the bus by the second respondent. The evidence of the claimant is further corroborated by P.W. 3, who is an eye -witness for the occurrence. Therefore, the finding of the Tribunal that the accident had occurred due to the rash and negligent driving of the bus by the second respondent should be confirmed.