RAJASTHAN STATE ROAD TRANSPORT Vs. SAROJ

JUDGEMENT

(1.) THE present misc. appeal has been preferred challenging the award dated 24.6.1999 passed by Motor Accident Claims Tribunal, Jaipur in MACT Case No. 1917/1997 whereby the claimants have been awarded the compensation of Rs. 4,18,000/ -.

(2.) THE claimants i.e. mother and unmarried sisters of the deceased Udai Bhan Sharma have been awarded the compensation on account of death of Udai Bhmt Sharma in the accident occurred on 24.11.1997 when the bus of the Corporation No. RJ -02/P -253 crushed the deceased Udai Bhan Sharma when he was driving the scooter on his side. He is said to be 21 years of age and was working as Class -IV employee in State Bank of Bikaner and Jaipur and was drawing the salary Rs. 2,997.98 per month. It was the case of the claimants that the deceased only was the earning member in the family as his father had already died. Three sisters of deceased were still to be married and because of the death of deceased whole of the family has been left destitute.

(3.) THE appellant Corporation had taken up the plea that the bus was not involved in the said accident. The accident was witnessed by P.W. 3 Shyam Sunder. He has stated that the deceased was driving the scooter on its side and the bus had struck the scooter from behind, killing scooter driver on spot. The bus driver had ran away with the bus. The number of the bus was noted down by P.W. 3 Shyam Sunder, an independent witness. P.W. 4 Siya Ram is Investigating Officer, who had also recorded FIR No. 719/1997. After going through the evidence and documents available on record, the Tribunal had believed the statements of P.W. 3 'Shyam Sunder and came to the conclusion that the accident has been caused by offending bus.