R S R T C Vs. SAYAR BAI

JUDGEMENT

(1.) This is an appeal against the award given by learned Judge, Motor Accidents Claims Tribunal, Udaipur dated 12-9-96 in favour of respondents as against the appellant for Rs. 2,12,000/-.

(2.) Facts of the case are that deceased -Banshilal who was the husband of Smt. Sayar Bai and father of other claimants was travelling by bus of appellant bearing No. RJ-14-1102 from Udaipur to Jodhpur on 23-11-91. The said bus at about 2.45 a.m. fell down in Ranakpur valley with the result that Shri Banshilal sustained injuries and succumbed to them. The bus was being driven by Kishore Singh rashly and negligently. He was the driver under employment of the appellant. Respondents-claimants had claimed compensation of Rs. 5,40,000/-.

(3.) The reply of the appellant was that all of a sudden steering of the vehicle failed and, therefore, bus went out of control of the driver and fell down in the valley. It was pleaded that Kishore Singh was driving the bus with slow speed and was very careful but there was a mechanical failure and the bus could not be stopped. The learned Tribunal framed as many as four issues, recorded evidence of the parties and passed the impugned award.