SAMPAT LAL Vs. GEETA DEVI

JUDGEMENT

(1.) THIS judgment will dispose of two appeals viz. S.B. Civil Misc. Appeal No. 29 of 1983 and S.B. Civil Misc. Appeal No. 63 of 1983. These appeals arises out of an award passed by the Accident Claims Tribunal, Udaipur, on 31-7-1982.

(2.) AGGRIEVED by the award, appeal No. 29 of 1983 has been filed by Sampat Lal, owner of the bus RJI 3515 and Ramjiwan the driver of the vehicle. Another Appeal No. 63 of 1983 has been filed by the insurer of the said vehicle.

(3.) I have given my thoughtful consideration to the respective contentions made by the learned Counsel for the parties and perused the record. In order to prove issue No. 1, the applicants have examined Chunilal AW 1, Mangi Lal AW 2, Chhoga Lal AW 3, Ramchandra AW 7 and Madan Lal AW 8, all these witnesses were travelling in the bus. The bus RJI 3515 was carrying a Barat on 22-2-1977 and all these witnesses were in the bus. They have deposed that when the bus was going on from Gangapur to Bhilwara at one point the vehicle took a sharp turn even when it was going on with a high speed, consequent, whereof the accident had occurred. In the accident Ganpat Lal died. I have no reason to disbelieve the testimony of these witnesses. The finding of the learned Claims Tribunal is based on the testimony of these witnesses. I, therefore, find no force and substance in the submissions of the learned Counsel for the appellant and affirmed the finding of the learned tribunal that the accident occurred on account of rash and negligent acts on the part of the driver.