SIRAJ AHMED Vs. R.S.R.T.C.

JUDGEMENT

(1.) The matter is placed on the Board as the notice of respondent No. 2 received unserved.

(2.) Learned counsel for the parties are in agreement that the respondent No. 2 is only a proforma party and for the decision of the appeal the service of notice upon him is not necessary and prayed for dispensation of service. The prayer, made by the learned counsel for the parties, is granted and the service of notice of appeal on the respondent No. 2 is dispensed with. With the consent of the learned counsel for the parties the appeal is taken up for final hearing.

(3.) This appeal under Sec. 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order dated 26.5.2004 of the learned Single Judge in S.B. Civil Miscellaneous Appeal No. 862/2004 preferred by the non-claimant respondent, the Rajasthan State Road Transport Corporation, against the award dated 10.3.2004 of the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur (for short, the Tribunal') in Claim Case No. 82/2004 (495/2000) of the claimant appellant. Under that award the learned Tribunal awarded a sum of Rs. 2,43,640.00 as compensation' to the claimant appellant. The learned Single Judge, under the impugned award, declined to make any interference in the award as it relates to the award of compensation in the sum of Rs. 2,43,640.00, however, the learned Single Judge set aside the award of the learned Tribunal to the extent it relates to the award of interest on the amount of compensation in favour of the claimant appellant, thus this special appeal.