LAWS(P&H)-1991-10-32

RAJASTHAN RAJYA PATH PARIVAHAN NIGAM DELUX Vs. TARAWATI

Decided On October 28, 1991
RAJASTHAN RAJYA PATH PARIVAHAN NIGAM DELUX THROUGH ITS DEPOT MANAGER Appellant
V/S
TARAWATI Respondents

JUDGEMENT

(1.) THE appeal was admittedly filed within limitation. However, the deposit of Rs. 25,000/which was pre-requisite for filing the appeal was made after the expiry of limitation. It is stated that the error has occurred because of the lack of advise on the part of the counsel. Keeping these facts and circumstances in view, the delay is condoned.

(2.) THE claimants claimed a sum of Rs. 2,50,000/- as compensation on account of the death of the deceased caused by bus No. RNP-1004 owned by the appellant-respondent and driven by Kheta Ram driver, by dashing it into the scooter No. DEV-4377 on which the deceased was riding. The accident was claimed to have been caused because of rash and negligent driving of the aforesaid bus.

(3.) ON appreciation of evidence, the Tribunal came to the conclusion that the accident has been caused on account of rash and negligent driving of the bus by its driver Kheta Ram.