R S R T C Vs. RAMESH CHAND

JUDGEMENT

(1.) The Rajasthan State Road Transport Corporation (henceforth to be referred to as the RSRTC, for short) has challenged the award dated 20.9.2003 passed by the Motor Accident Claims Tribunal, Deeg, District Bharatpur whereby the respondent No. 1 was awarded a compensation of Rs. 88,969.

(2.) The breif facts of the case are that on 1.2.1997 at about 10.30 a.m. while the respondent No. 1, Ramesh Chand, was busy repairing the telephone line on a pole, a Roadways Bus, bearing Registration No. RJ 05-P 0293, dashed against the said pole. Consequently, the appellant fell from the pole and sustained injuries. In order to seek compensation, the appellant filed a claim petition before the learned Tribunal. In order to substantiate his case, the respondent No. 1 examined three witnesses, including himself, and submitted eleven documents. The appellant Corporation examined a single witness, but did not submit any documentary evidence. After going through the oral and documentary evidence, the learned Tribunal was pleased to grant a compensation as aforementioned. Hence, this appeal by the appellant Corporation.

(3.) Mr. Virendra Agrawal, the learned Counsel for the appellant Corporation, has argued that the sole negligence was not of the bus driver. But, as a wire was hanging from the pole due to the negligence of the respondent No. 1, the accident was caused. Therefore, it is a case of contributory negligence. According to the learned Counsel, for a permanent disability of 2.5%, an award of Rs. 88,960 is on the higher side. Lastly, the Tribunal has imposed penal interest which it could not have done so, as there is no provision for imposition of penal interest in the Motor Vehicles Act, 1988 (henceforth) to be referred to as 'the Act', for short).