RSRTC Vs. ISHWAR 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.) IN the instant appeal the appellant Corporation has challenged the award whereby compensation has been awarded to the dependants of the driver of the offending jeep. dependants of the driver of the offending jeep. 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. Only three passengers survived their injuries. Since twelve passengers had expired, their dependants filed claim petitions before the learned Tribunal. Three injured passengers also filed claim petitions before the Tribunal. All the claim petitions were consolidated and were decided by a common award dated 19-8-2006. According to the learned Tribunal the accident was caused solely due to negligence of the bus driver, Amar Singh. Therefore, the learned tribunal imposed liability for payment of compensation on the corporation, and the driver, jointly and severally. The learned tribunal absolved the driver of the marshal jeep of any negligence. Therefore, it did not impose any liability on the Insurance company of the jeep, namely National Insurance Company for payment of the compensation amount.

(3.) TRIBUNAL absolved the driver of the marshal jeep of any negligence. Therefore, it did not impose any liability on the Insurance company of the jeep, namely National Insurance Company for payment of the compensation amount.