Mahesh Chandra Sharma, J. - (1.) SINCE these four appeals arise out of a judgment and award passed by learned Motor Accident Claims Tribunal, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 26.5.1999 deceased Mohar @ Rati Mohammad, Ali Khan, Akbar Khan and Isab Khan were going with their parents to Alwar in Jeep No. RJ 02 3040. At about 5.30 PM at Alwar Bharatpur road, when they reached near Nagli, RSRTC Bus No. RJ -14P -3142 came from the direction of Alwar in a zig zag situation and hit the jeep in its wrong side, as a result of which Mohar @ Rati Mohd. Ali Khan, Akbar Khan and Isab Khan succumbed to injuries.
(2.) THEREAFTER claim petitions were filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed different amount in different claim petitions in favour of claimants and against the RSRTC. The RSRTC has filed the aforesaid appeals challenging the quantum of compensation.
(3.) LEARNED counsel for the RSRTC has contended that the finding of the learned Tribunal in respect of issue No. 1 is absolutely illegal, perverse and contrary to the facts of the case. The evidence available on record makes it very clear that the accident occurred due to sole negligence of jeep driver, hence the appellant - -Corporation cannot be held liable and as such the impugned judgment/award deserves to be quashed. He has further contended that mere fact that the driver of the Corporation has been charged sheeted by the police, cannot be the sold ground for taking a lawful presumption against the person unless the Investigating Officer who has filed the charge sheet is examined so that the aggrieved person may have an opportunity to cross examine the investigating officer to bring out the truth on record. He has further contended that the finding of the learned Tribunal in respect of issue No. 4 is also erroneous and contrary to the law and facts of the case. The learned tribunal has assumed the jurisdiction which was not vested in it.;