RSRTC Vs. PUSHA RAM

JUDGEMENT

(1.) This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the Act') has been filed against the judgment dated 1-8-2005 passed by the learned Additional District Judge (Fast Tack)No.2 Sikar (hereinafter 'the Tribunal') in Claim Case No.271/2005 awarding to claimants therein, now respondents before this court (hereinafter 'the claimants') the compensation of Rs.5,65,000/- along with interest at the rate of 7.5% p.a. from the date of application for claim on account of death of one Lal Chand till the date of payment.

(2.) The facts of the case are that the claimants filed a claim petition under Section 166 of the Act before the Tribunal on 6-10-2003 against the Rajasthan State Road Transport Corporation (hereinafter 'the RSRTC') the appellant owner of the bus and its driver Rewant Singh claiming compensation for an amount of Rs.30,45,000/- on account of loss suffered due to the death of Lal Chand occasioned in an accident on 25-8-2003. It was alleged in the claim petition that at the time of accident the deceased Lal Chand was going towards the factory where he worked when the bus of RSRTC with registration No.RJ-01/P-4067 driven rashly and negligently hit the deceased resulting in his death on the spot. It was stated in the claim petition that the deceased was a carpenter at the relevant time with an income of Rs.4500/- per month and that the claimants were dependent on the deceased for their day to day sustenance.

(3.) Reply to the claim petition was filed by the RSRTC as also the Driver of the bus denying the averments of the claim petition. It was submitted that the accident was occasioned not only on account of the fault of the driver of the offending vehicle but the deceased was also negligent. Therefore there was contributory negligence of the deceased which resulted in the accident. On the pleadings of the parties, the learned Tribunal framed three issues:-