RSRTC Vs. LAL CHAND

JUDGEMENT

(1.) THIS appeal has been filed against one judgment and award passed by MACT. Brief facts of the case are that on 14.4.1996 when the claimant Lal Chand was travelling in Bus No. RJ-20-P-1055 and was going to Kota from Sangod, another bus no. RNP 3235 was coming from Kota. Near Deoli, both the aforesaid buses met with an accident, because of rash and negligent driving of the drivers. In the said accident, claimant sustained injuries. Thereafter claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 2,53,562.00 in favour of claimant and against the non claimants. RSRTC has filed the aforesaid appeal challenging quantum of compensation.

(2.) LEARNED counsel for the RSRTC has contended that the learned Tribunal has committed while deciding that the accident took place because of the rash and negligent driving of the drivers of both the buses. No passenger of either of the two buses was examined to establish that the accident took place because of the rash and negligent driving of the driver of both the buses. She has further contended that the learned Tribunal has not appreciated the evidence of NAW-2 Surat Singh. As per his statement, the passenger travelling in the private bus had put his hand out of the bus. As such it cannot be said that he sustained injury because of rash and negligent driving of the drivers. She has further contended that despite the fact that there was no evidence with regard to income of the claimant, but the learned Tribunal awarded very excessive amount of compensation. Hence, the impugned award deserves to be quashed and set-aside. E converso, the learned counsel for the claimant defended the impugned award and stated the same to be just and proper. He has further contended that the learned Tribunal has rightly passed the impugned award after due appreciation of evidence submitted by both the parties, hence no interference is required.