RAJASTHAN STATE ROAD Vs. BARDHI

JUDGEMENT

(1.) THIS is an appeal Under Section 110D of the Motor Vehicles Act against the Motor Accident Claim Tribunal, Bundi allowing compensation amounting to Rs. 19,400/ - to the claimants.

(2.) ONE Kalu son of Deva Bheel died in an accident which took place on 30 -9 -1969. At the time of the accident, one truck was standing on the main road facing towards Bundi near the crossing from where the side road goes to Sathur from behind the truck when the Jeep pick -up No. RSL 5699 was coming from Bundi side going towards Deoli. The Jeep came at fast speed and accident took place and deceased Kalu died on the spot. The widow of Kalu and other family members of Kalu filed an application Under Section 110 -A of the Motor Vehicles Act for compensation amounting to Rs. 67,000/ -. It was pleaded that the Jeep, was driven at a fast speed carelessly and negligently. The jeep No. RSL 5699 belonged to the Rajasthan State Road Transport Corporation and the driver at the said Vehicle was also an employee of the Corporation. The application was contested by Rajasthan State Road Transport Corporation and it was submitted that the Jeep was coming at very slow speed and it also blew the horn, but since deceased could not be noticed by the driver and, therefore, the accident took place not because of the rashness and negligent driving but due to the mistake of deceased Kalu. Learned Tribunal after recording the statement of the witnesses and hearing the parties came to the conclusion that the accident took place due to the rashness and negligence of the Jeep driver. Further it was held that the claimants were entitled to sum of Rs. 19,400/ - as compensation including a sum of Rs. 5,000/ - on account of their suffering due to the death of the husband of the applicant (Kalu) it is against this order and judgment, this appeal has been preferred by the Rajasthan State Road Transport Corporation in this Court.

(3.) LEARNED Counsel for the appellant has submitted that there were hotels on either side of the road at the place of the accident. According to him, Jeep was going towards the Bundi near junction on the road going to Sathur, and since Kalu came from behind the truck. It could not be possible for driver of the Jeep to see him and therefore accident took place because of negligence and mistake of the deceased. There was enough space for crossing the road after seeing that no vehicle was coming on the road. He further submitted that the jeep was moving with slow speed.