RSRTC Vs. SUMITRA & ORS.

JUDGEMENT

(1.) THIS appeal has been filed against one judgment and award passed by MACT. Brief facts of the case are that on 19.5.2005 at about 3.30 PM when the deceased Shankar Lal was crossing the road, suddenly a BUS No. RJ -14 -1P -1416 came rashly and negligently and hit Shankar Lal, resulting into his death.

(2.) THEREAFTER 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. 4,27,000/ - 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 learned Tribunal has committed serious error in holding that accident in question occurred due to the sole negligence of the driver of RSRTC bus driver though there was sufficient evidence on record to show that the bus in question never met with alleged accident. Hence, the impugned award is liable to be quashed and set -aside.