RAJASTHAN STATE ROAD TRANSPORT Vs. O P GUPTA

JUDGEMENT

(1.) THE celebration of marriage were not complete when the marriage party of the bride groom Dr. Sanjay Singh suddenly met an accident at Amber, where they had gone in car to the Darshan of Goddess 'Shila Devi', The Corporation bus No. RSG 5408 driven rashly and negligently by the driver Malu Ram struck wildy against car on the wrong side of the road. The occupants including the claimants Dr. O.P. Gupta, Dr. Ram Singh and Gulab Chand Kasliwal received serious injuries on the head, neck and ribs etc.

(2.) THESE six appeals are related to the award against the Corporation but in favour of three injured separately, names of whom have been mentioned above. Both sides have filed appeal. The Corporation wants that the award should be quashed or for reducing the substantial claim. The claimants are not satisfied with the amount awarded. The dis -satisfaction of both have resulted in six appeal.

(3.) HAVING heard Mr. Ram Raj Lai Gupta, learned Counsel for the Corporation, Mr. S.C. Srivastava learned Counsel for the claimants and Mr. G.K. Bhartiya, learned Counsel for the driver, I am of opinion that no detailed discussion is required so far as question of rashness and negligence of the driver of the Corporation is concerned. It is well proved on record by tengible credible evidence rightly believed by the Tribunal and all the three advocates, appearing on behalf of the Corporation and the driver of the bus and the claimants could not be able to show any single infirmity vitiating that finding. Consequently, the finding of the Tribunal so far as factum of accident, the injuries caused to these three claimants and rashness and negligence of the driver of the Corporation are concluded confirmed.