SHRWAN KUMAR Vs. RAJASTHAN STATE ROAD TRANSPORT

JUDGEMENT

(1.) ALL these three appeals (Civil Misc. Appeal Nos. 158 and 159 of 1986 filed by Shrwan Kumar and 4 of 1987 filed by Manni Devi) are directed against a common award dated 22.5.1986, passed by the Motor Accidents Claims Tribunal, Jaipur, in claim case Nos. 101 and 118 of 1982. Since these appeals arise out of common award and self -same accident, they have been heard together by common consent and are being disposed of by this common judgment.

(2.) BRIEFLY stated, the case of Shrwan Kumar is that on 7.1.1982 at 4 p.m. he was driving a motor cycle bearing No. RRL 2649 and was proceeding from Jaipur to Sushilpura on Jaipur -Ajmer Road; one, Jagdish was riding pillion of the motor cycle. It is pleaded that when the motor cycle crossed Amaani Shaw Nalah it was collided by bus RRB 6022 belonging to Rajasthan State Road Transport Corporation (for short, 'RSRTC'). This bus was being driven by Poonam Chand. The case of Shrwan Kumar is that the bus was being driven by Poonam Chand in a reckless and negligent manner, with the result, it dashed against the motor cycle throwing Jagdish from pillion. Shrwan Kumar and Jagdish sustained grievous injuries in this accident, which resulted in death of Jagdish.

(3.) IN claim petition of Manni Devi and other legal representatives of Jagdish, compensation was claimed against the RSRTC and its driver, Poonam Chand, as also against Shrwan Kumar and registered owner of the motor cycle, Bhuramal.