RATNA GANGULY Vs. RANJIT KUMAR GANGULY

JUDGEMENT

(1.) ALL these four appeals are from one accident compensation dispute and since all the four have been decided by the common judgment by the Accident Claims Tribunal, Bundi in MACT case No. 30 of 1982, they are decided by one judgment. On 22nd June, 1978, a bus belonging to respondent R.S.R.T.C. and having No. RSG 651 was going from Jaipur to Kota. The said bus collided with truck RSR 167, as soon as it crossed the village Chatarganj at 2.30 p.m., 16 Kms. from Bundi. Consequently, the claimant Ladharan sustained injuries on the right hand and other passenger died. The claimant Ladharam has stated in his petition that at the material time he was serving in M/s/ Unicem Laboratories Ltd. as one of the executives and was drawing Rs. 2151/ -per month. The claimant Ladharam was treated at Bundi. Thereafter he was treated in the Sawai Man Singh Hospital Jaipur for the injuries sustained by him on his right hand.

(2.) THE other claim petition has been filed by Ratna Ganguly and Rame Ganguly.Ratna Ganguli is w/o G.K. Ganguli, who died in this accident. Rama Ganguli is daughter of G.K. Ganguli and is minor. The Tribunal has allowed Rs. 59,000/ - to the claimant widow Ratna Ganguli and daughter. The Tribunal has allowed Rs. 26,000/ - to Ladha Ram. The two appeals have been filed by the claimants and the other two by the United Insurance Company. Now the first question is that the claimants case is that in addition to the negligence of the truck -driver, driver of the bus of Rajasthan State Road Transport Corporation was also negligent in this accident.

(3.) MR . Gupta submitted that the judgment of the Tribunal is very reasoned and detailed reasons have been given for holding that there was no negligence of the bus driver.