Mahesh Chandra Sharma, J. - (1.) THIS appeal has been filed against the judgment and award passed by MACT. Brief facts of the case are that on 27.7.2006 at about 12 O'clock on National Highway No. 11 at village Bhopatpura Police Station Reengus, accident took place on account of collision in between Bus No. RJ 01P -4066 and Gypsy No. RJ 19 C 0668, wherein some persons died and other sustained injuries.
(2.) THEREAFTER claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 5,00,000/ - in favour of claimants and against the non claimants. The RSRTC has filed the aforesaid appeal challenging quantum of compensation.
(3.) LEARNED counsel for the Corporation contended the learned Tribunal has wrongly decided issue no. 1, whereby bus driver has been wrongly held liable in causing the said accident despite the fact that the bus driver had deposed categorically that the alleged accident did not occur as a result of faulty driving and he had halted the bus upon noticing that the Gypsy driver was driving his vehicle at an excessive speed and negligently. Hence the finding on the issue is contrary to the provisions of law, hence the impugned award is liable to be quashed and set -aside.;