THE CHIEF MANAGER Vs. TULCHHI

JUDGEMENT

(1.) THIS appeal has been preferred against the award dt. 8.1.2004 passed by Motor Accident Claims Tribunal, Pali in M.A.C.T. Case No. 121/2002 whereby an award of Rs. 3,22,000/ - has been passed in favour of the respondent -claimants. Brief facts of the case are that on 26th June, 2002 at about 12:15 PM, the bus belonging to the appellants was coming from Jalore to Jodhpur and on the way near Vayad Bus Stand, a tractor No. RJT -6779 being driven by Shri Chatra Ram over turned and Shri Chatatra Ram came beneath the tractor and sustained grievous injuries and ultimately died.

(2.) RESPONDENTS No. 1 to 5 preferred a claim petition before the Tribunal and has claimed compensation to the tune of Rs. 25,40,012/ -. The claim petition preferred by the respondents No. 1 to 5 was contested by the appellant and respondent No. 6. On the basis of the pleadings of the parties, the learned Tribunal has framed as many as four issues. The parties adduced evidence and exhibited several documents.

(3.) LEARNED counsel for the appellant has assailed the validity of the award passed by the Tribunal and has argued that the learned Tribunal has erred in deciding the issue No. 1 against the appellants while holding that the accident occurred on account of rash and negligent driving of the driver of the bus. It is contended that from the site inspection report prepared by the police and other documents, the negligence on the part of the bus driver had not been proved and it was proved that bus had not hit the tractor and the tractor got over turned on account of rash and negligent driving of the deceased.