RSRTC Vs. SMT. MAMUNI DEVI AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed against one judgment and award passed by MACT. Brief facts of the case are that on 31.5.2006 deceased Kunil Chandra Burman along -with his colleague had come for some work at Sodala and at about 1.15 PM while he was standing nearby the road for crossing it, all of sudden, the Roadways Bus No. RJ 14 1P 2173 came and dashed him, as a result of which he died.

(2.) THERE after FIR was lodged, 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. 5,74,068/ - in favour of claimants and against the non -claimants.

(3.) LEARNED counsel for the RSRTC has contended that the learned Tribunal has committed a grave error in not considering the objections raised by the RSRTC properly. The impugned award is contrary to the evidence and material available on record and it suffers from application of judicious mind. He has further contended that the deceased is not skilled labour and without any concurrent evidence available on record, the learned Tribunal has assessed monthly income of the deceased as Rs. 4000/ - and accordingly computed compensation for pecuniary loss, which is on higher side and deserves to be quashed and set -aside. He has further contended that the learned Tribunal has not considered the Naksha Mauka in correct perspective. From the Naksha Mauka and contradictory statement of eye witness AW -2, it cannot be said that vehicle in question had caused the alleged accident Hence, the impugned award deserves to be quashed and set -aside.