- (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the Rajasthan State Road Transport Corporation, Jaipur ('RSRTC')-owner of the bus aggrieved against the award dated 13.11.1998 passed by the Motor Accident Claims Tribunal, Bali ('the Tribunal'), whereby, the claimant-injured has been awarded a sum of Rs.74,200/- as compensation alongwith interest @ 18% per annum from the date of filing application for compensation ('the application') i.e. 25.05.1993.
(2.) THE facts in brief are that the claimant Vana Ram was driving a jeep bearing registration number RST-4962 from Falana to Bali, when at about 11:30 PM, the bus coming from the opposite side belonging to RSRTC, which was being driven by Bhanwar Lal rashly and negligently, struck the side glass of the jeep and the glass splinter hit inside the claimant's eye, which resulted in his losing the sight in the right eye. The claimant remained admitted to the hospital and claimed compensation for a sum of Rs.6,83,000/-. The application was filed against the driver and owner of the bus as well as owner and insurer of the jeep. The application was replied by the driver of the bus, who disputed the averments made in the application and alleged that in fact the applicant was drunk and was driving the jeep rashly and negligently and struck the bus, which resulted in the breakage of the wind screen, light and side glass of the bus. The owner of the jeep Shaukat Shah paid a sum of Rs.1500/- to the RSRTC in this regard and it was also stated that the claimant was not entitled to any compensation whatsoever.
(3.) THE owner of the jeep also filed a reply to the application and accused the claimant of negligence. On behalf of the claimant, statements of Vana Ram were recorded and on behalf of the respondents statements of Bhanwar Lal and Shaukat Shah were recorded.;