- (1.) THE Rajasthan State Road Transport Corporation ('the RSRTC', for short) has challenged the award dated 4.7.2008 passed by Motor Accident Claims Tribunal and Additional District & Sessions Judge (Fast Track) No.3, Jaipur District, Jaipur, whereby the learned Tribunal has granted a compensation of Rs.3,49,000/ - to the claimant -respondents.
(2.) BRIEFLY the facts of the case are that on 27.8.2006 around 7:25 PM Santosh Devi, and her sister -in -law, Saroj Devi were returning from their field to their home. When they reached near the wood sawing shop of Rudmal, near the Shyam Kirana Store, and while they were crossing the road, a RSRTC bus, bearing the registration No. RJ07 -PA -0536, came from the opposite side, in a rash and negligent manner on the wrong side of the road and hit Santosh Devi. Consequently, she sustained grievous injuries; subsequently, she died. Since the claimant -respondents lost their wife and mother, they filed a claim petition before the learned Tribunal. In order to prove their case the claimant -respondents examined four witnesses, and submitted eleven documents. On the other hand, the RSRTC examined two witnesses, but did not submit any document. After going through the oral and documentary evidence, the learned Tribunal has granted a compensation as aforementioned. Hence, this appeal.
(3.) MR . V.S. Yadav, the learned counsel for the RSRTC has vehemently contended that the negligence was not of the driver of the bus, but of Santosh Devi. According to him, while Santosh Devi was crossing the road, she became panicky and lost her way. Therefore, due to her own negligence, she met with an accident with the bus. Hence, the learned Tribunal is not justified in hoisting the entire negligence on the shoulder of the driver of the offending vehicle. On the other hand, the learned counsel for the claimant -respondents has contended that according to both the eye -witnesses, Mahesh Chandra Sharma and Saroj Sharma, it is the driver of the bus who crossed over the mid -line of the road, and came on the wrong side of the road, and hit Santosh Devi. Moreover, their testimony is also corroborated by the Site -Plan (Exh -2). Thus, according to the learned counsel, there is ample evidence to show that the driver of the offending vehicle was negligent in driving the vehicle. Thus, the learned counsel has supported the impugned award.;