LAWS(RAJ)-2001-8-18

MANAGING DIRECTOR RAJ STATE Vs. SAHIRAM

Decided On August 30, 2001
Managing Director Raj State Appellant
V/S
SAHIRAM Respondents

JUDGEMENT

(1.) THESE appeals are against the award dated 2.6.1997 passed by the Motor Accidents Claims Tribunal, Churu in nine Claim Case Nos. 68/95, 69/95, 70/95, 71/95, 15/96, 16/96, 17/96, 62/96 and 3/97 and S.B. Civil Misc. Appeal No. 723/98 is against the award dated 19.5.1998 passed by the Motor Accidents Claims Tribunal, Churu in Claim Case No. 14/97 which was decided separately after the above nine claim petitions.

(2.) THE facts of the case are that on 11.5.1995, the deceased Bhera Ram, Roopa Ram, Ram Niwas, Bhanwar Lal and Mohan Ram were travelling in jeep No. MR 20/B 9419 along with other passengers. The driver of the jeep was Magha Ram. At Sardarshahar Bholeri Road which is 6 kms. from Sardarshahar met with an accident from bus No. RJ 14/P 1056 of the appellant -Rajasthan State Roadways Transport Corporation. It is alleged that the above bus came with very fast speed and Amar Singh, non -applicant (respondent No. 1), the driver of the bus, was driving the above bus No. RJ -14/P 1056 and hit the jeep at its right side causing injuries to all the passengers sitting in the jeep. An F.I.R. No. 107/95 was registered against Amar Singh, the driver of the bus of the appellant under Section 304 -A, I.P.C. and for other offences.

(3.) IN addition to above claimants, claimants Birbal Ram, Sohan Ram and Sahi Ram also submitted their claim petitions wherein Birbal Ram claimed Rs. 2,61,500/ -. Sohan Ram claimed Rs. 4,13,000/ - and Sahi Ram claimed Rs. 18,97,000/ -. The claimant Dunger Ram filed the claim petition and claimed Rs. 4,11,000/ -.