RAJASTHAN STATE ROAD TRANSPORT Vs. PRAKASH CHAND BHARGAVA

JUDGEMENT

(1.) THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant Corporation seeks to quash the award dated 26.4.1994 by which the learned Tribunal has awarded compensation of Rs. 1,97,000.

(2.) LEARNED Counsel appearing for the appellant Corporation has vehemently contended that the Tribunal has committed grave error in arriving at a finding that the accident occurred on account of rash and negligent driving of driver of the bus of Corporation. Learned Counsel contended that the plea raised on behalf of the Corporation before the learned Tribunal was that a truck was going ahead of motor cycle, which was driven by Azad Husain and Kamal Kant was sitting on the pillion seat. Azad Husain tried to overtake the truck and while overtaking the truck, the motor cycle collided with the bus of the Corporation which was on way from Kota to Jaipur. On this strength it was argued that driver of the motor cycle himself was responsible for the accident and, therefore, the Tribunal has committed an error in holding the driver of the bus negligent for the accident. In the alternative, learned Counsel argued that in any case it was a case of contributory negligence of drivers of both the vehicles involved in the accident.

(3.) RESULTANTLY , the appeal has no merit and is hereby dismissed.