RSRTC, JAIPUR Vs. SANTOSH DEVI

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment and award dated 8.3.2000 passed by the learned Motor Accident Claims Tribunal, Sri Ganganagar (hereinafter referred to as 'the learned Tribunal') in Claim Case No.284/1994 whereby claimants were awarded a compensation of Rs.50,000/ - under no fault liability.

(2.) BRIEF facts of the case are that on 30.7.1993 at about 5:15 PM bus No.RJ -14 -P -2981 owned by the appellant and driven by Swarn Singh collided with two trucks on Hanumangarh -Ganganagar road near Lalgarh and in that accident, the driver of bus Swarn Singh and several other persons were died and many other persons were injured. A claim petition was preferred on behalf of wife and children of Swarn Singh, Driver of the bus No.RJ -14 -P -2981 owned by appellant demanding the claim of Rs.9,85,088/ -. The learned Tribunal has held that as the accident, in which driver of the bus Swarn Singh died, took place on account of his negligence and, therefore, the wife and son of Swarn Singh (respondent -claimants) are not entitled for any compensation. However, the learned Tribunal has awarded a compensation of Rs.50,000/ - to the respondent -claimants under no fault liability as per Section 140 of the Motor Vehicles Act, 1988.

(3.) THE learned counsel for the appellant has argued that once the learned Tribunal has held that the accident took place on account of fault of Swarn Singh, who was driving the bus No.RJ -14 -P -2981, no compensation under no fault liability can be awarded to the respondent -claimants under Section 140 of the Act of 1988. The learned counsel for the appellant has, therefore, prayed that the impugned judgment and award to this extent is liable to be quashed and set aside as the same is contrary to the provisions of the Motor Vehicles Act.