STATE OF RAJASTHAN Vs. KALURAM YADAV

JUDGEMENT

(1.) The instant appeal has been filed by the appellant - Rajasthan State Road Transport Corporation (for short 'RSRTC') under Sec. 173 of the Motor Vehicles Act, 1973 against the judgment and award dtd. 10/6/2009 passed by Judge, Special Court (Communal Riots/Motor Accident Claim Tribunal), Jaipur (hereinafter referred to as the 'Tribunal') in MACT Case No.537/2008 (520/2005), whereby the learned Tribunal has partly allowed the claim petition filed by the respondent No.1 - kaluram (hereinafter referred to as the 'claimant') and awarded a compensation of Rs.1,65,000.00 in favour of the claimant.

(2.) Brief facts relevant for the present purposes are that Moolchand, brother of the claimant (Kaluram) submitted a written complaint before SHO, Sadar, Sanganer stating therein that his brother - kaluram was going on his motorcycle bearing registration No.RJ-14-51M-0013 to Sanagner on 12/11/2004 at 4.30 p.m. A Roadways Bus bearing registration No.RJ-14-P- 6727 came from the opposite side in a rash and negligent manner and collided with the motorcycle of his brother, due to which his brother sustained serious injuries. Soon after the accident kaluram was admitted in Dhanwantari Hospital, Jaipur. It was also stated by brother of the injured - Mool Chand that he was busy in attending his injured brother (Kaluram) in the hospital. Therefore, he could not submit the report earlier.

(3.) On the said report, an FIR No.457/2004 was lodged at Police Station Sanaganer Sadar, Jaipur for the offences punishable under Sec. 279 and 337 of IPC and after investigation a charge-sheet against the driver of the offending vehicle was filed for the offences punishable under Ss. 279, 337 and 338 of IPC.