R.S.R.T.C. Vs. RAJEEV KUMAR

JUDGEMENT

(1.) This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the Act') has been filed against the award dated 8-1-2013 passed by the Judge Motor Accident Claims Tribunal No. 1, Jaipur Metropolitan, Jaipur (hereinafter 'the Tribunal') in Claim Case No. 874/1999 awarding to claimant therein, now respondent No. 1 before this court (hereinafter 'the claimant') the compensation of L 8,89,000/- along with interest at the rate of 6% p.a. from the date of application i.e. 31-8-1999 till the date of payment on account of injuries suffered by the claimant in an accident which took place on 23-2-1999 when the claimant was travelling in bus No. RJ-14/P- 5140 belonging to appellant RSRTC and driven by one Devi Singh.

(2.) The case set up by the claimant in his claim petition under section 166 of the Act was that the accident took place on 23-2-1999 owing to rash and negligent driving of the Driver of Bus No. RJ-14/P-5140 belonging to the appellant RSRTC (hereinafter 'RSRTC') when it collided with Truck No. RJ-02/G-5502 and MH- 04/H-438. It was stated that at the time of accident the claimant was 26 years old and working as Sales Manager with a private concern and drawing a salary of L 13,500/- per month. It was stated that the claimant suffered 61.85% permanent disability and was thus entitled to an aggregate compensation of L 24,45,800/- on various heads.

(3.) On notice, the RSRTC as owner of the bus and the bus Driver filed reply to the claim petition. It was submitted that there was no negligence of the bus driver at all and in fact the accident was occasioned by the rash and negligent driving of the drivers of the two trucks, who have not been made party to the claim petition, consequent to which the claim petition itself was liable to be dismissed. On the pleadings of the parties, the learned Tribunal framed five issues and proceeded to record statements of witnesses. On behalf of the claimant nine witnesses were examined, including Dr. Gurudayal Singh, Dr. Usha Rani and Dr. M.R. Goyal and hundreds of documents were exhibited. On behalf of RSRTC only the driver of the offending bus Devi Singh, was examined as sole witness in defence. On consideration of the evidence before it, the learned Tribunal vide award dated 31-8-2001 decided all the issues in favour of the claimant and against the RSRTC and driver of the offending vehicle holding that the Driver was guilty of rash and negligent driving causing the accident of 23-2- 1999 and resulting in 61.85% permanent disability to the claimant. The learned Tribunal taking into account the loss to the claimant from the accident as also loss of the future income etc. of the claimant passed an award of L 8,89,000/- in favour of the claimant along with interest of 6% per annum from the date of filing the claim petition to the date of payment.