- (1.) THIS appeal is directed against the judgment and award dated 25.09.2012 passed by Motor Accident Claims Tribunal, Jaitaran, District Pali (for short 'the Tribunal' hereinafter) in Claim Case No.94/2009, whereby the learned Tribunal has awarded compensation of Rs.7,97,200/ - to the claimants on account of death of one Insaf Khan in an accident took place on 08.07.2009, involving a Bus bearing No.RJ - 19/P6961 owned by the appellants.
(2.) THE learned counsel for the appellants has assailed the validity of the impugned judgment and award only on a ground that the findings arrived at by the learned Tribunal in respect of Issue No.1 are perverse as the claimants have failed to prove the fact that the accident, in which Insaf Khan died, took place on account of negligence of the bus driver -Amar Singh. The learned counsel for the appellants has argued that as per statement of NAW -1 Amar Singh, the driver of the bus, it is clear that the accident took place on account of negligence of the deceased himself and not on account of negligence of the driver of the bus involved in the accident. The learned counsel for the appellants has further argued that the learned Tribunal has not appreciated the evidence of NAW.1 - Amar Singh in right perspective and has decided the Issue No.1 against the appellants and in favour of the claimants without any cogent and plausible evidence and has, therefore, prayed for setting aside the impugned judgment and award. This Court has considered the submissions made on behalf of the learned counsel for the appellants and perused the impugned judgment and award as well as the record of the Tribunal.
(3.) THE learned Tribunal has relied upon the statements of AW.3 - Haji Liyaqat Ali, who was the eye -witness of the incident. He stated that on 08.07.2009 at about 12:00 -12:30 P.M., when he was proceeding from Sojat City to Chandawal in his Indica Car, deceased Insaf Khan was going on his motorcycle No.RJ -22 -07M -0345 and was about 25 feet ahead from him. He further stated that suddenly the bus No.RJ - 19/P6961, which was being driven by NAW.1 - Amar Singh, came from opposite direction and dashed in the motorcycle of Insaf Khan from the wrong side. AW -3 Haji Liyaqat Ali also stated that the bus was being driven by Amar Singh negligently and at a high - speed. The said witness has specifically stated that he himself witnessed the accident and also informed about the said accident to the family of the deceased. It was also stated by this witness that the accident took place on account of negligence of bus driver and not on account of negligence of deceased. The learned Tribunal has also taken into consideration the fact that the police, after investigation, had filed the charge -sheet against the driver of the bus. The learned Tribunal has further observed that NAW.1 - Amar Singh admitted in his statement that there was an accident of bus, driven by him, and the motorcycle of deceased ­ Insaf Khan, in which Insaf Khan died on the spot.;