RSRTC Vs. JILE SINGH

JUDGEMENT

(1.) A serious accident occurred in the dead of the night of 18-22002, causing death of twelve persons and injuring three persons. An award dated 19-8-2006 passed by Motor Accident Claims Tribunal jhunjhunu (`the Tribunal' for short) has brought 15 appeals before this court.

(2.) SINCE nine of these appeals, namely S. B. Civil Misc. Appeals no. 3846/2006, 4051/2006, 3848/2006, 3849/2006, 3852/2006, 3850/2006, 3857/2006, 3858/2006, and 3974/2006 raise identical question regarding extent of negligence on the part of the two offending vehicles, involved in the accident, these appeals are being decided by this common judgment.

(3.) BRIEF facts of the case are that on 18-2-2002 around fifteen persons were travelling in a Marshal jeep, bearing registration no. HR-20f/ 2370, towards Salasar. Around eight kilometers after jhunjhunu and about twenty seven kilometers from police station nawalgarh, around 11. 30 at night the said Marshal jeep collided with a bus belonging to the Rajasthan State Road Transport Corporation (`the Corporation' for short ). The accident was so severe that out of fifteen passengers, eight passengers died on the spot, and seven passengers were referred to the Hospital. Out of those seven passengers, four passengers died during the course of treatment.