R. S. R. T. C. Vs. VIMLA

JUDGEMENT

(1.) The present appeals under Sec. 173, Motor Vehicles Act, 1988 (for short 'the Act of 1988') have been preferred by the appellant RSRTC against the judgment/award dtd. 17/10/2003 passed by the Motor Accident Claims Tribunal, Udaipur in Motor Accident Claim Case Nos.1063/1999, 948/1999, 544/1999, 542/1999 and 541/1999 whereby the claim petitions as preferred by the respective claimant under Sec. 166 of the Act of 1988 have been partly allowed and an award for an amount of Rs.35,000.00, Rs.52,000.00, Rs.31,000.00, Rs.40,000.00 and Rs.32,000.00 respectively with interest @6% per annum from the date of application has been passed in favour of the claimants.

(2.) Brief facts of the case are that on 30/1/1999, the claimants were travelling from Udaipur to Neemuch in the appellant corporation bus bearing registration No.RJ14-G-2531 and at about 6 AM, when they reached near Dabok, a truck bearing registration No.RJ14-G-3440 was standing amidst the road facing the way towards Dabok without any parking lights or indicators and as the bus was also being driven rashly and negligently, the bus hit the truck and resultantly, the claimants suffered grievous injuries.

(3.) The claimants preferred claim petitions under Sec. 166 of the Act of 1988 qua the grievous injuries suffered by them. The learned Tribunal, after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, awarded aforestated compensation in favour of the respective claimant-respondent No.1. Further, on the aspect of extent of liability, the learned Tribunal observed that the drivers of both the vehicles were negligent and the ratio of negligence of bus driver and truck driver was assessed to be 80:20 respectively. Aggrieved by the said judgment/award, the appellant corporation has preferred the present appeals.