R S R T C Vs. MAHESH KUMAR
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
R S R T C
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(1.)THIS is a hopeless appeal filed by the Rajasthan State Transport Corporation, against the judgment of the Motor Accident Claims Tribunal. Mahesh Kumar a young boy of 19 years student of Commerce College, was going on a motor cycle when bus No. R.S.M. 5862 came with excessive speed having iron angle on the roof. Pukh Raj, who was driving the motor -cycle took the motor cycle on left side and stopped it apprehending trouble. It was night the bus driver did not use even dipper and iron angle were not visible. The iron angles struck the eye of the claimant due to which he lost left eye and also received some injuries.
(2.)MR . L.M. Jain, contested the finding of the tribunal and argued that iron angle was not on the bus.
This argument of Mr. Jain, is wholly tenable as PW 1, Mahesh Kumar, PW 2, Pukh Raj and PW 3 Hastan Singh and others have proved it.
(3.)THE FIR and site inspection note Ex. P. 14, provides clinching evidence that iron angle was hanging from the bus and the bus was standing at the place of accident. The iron angle was blood smered.
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