SANDEEP MEHTA, J. - (1.) The instant appeal has been filed on behalf of the appellant challenging the judgment and award dated 18.11.2008 passed by the learned Judge, Motor Accident Claims Tribunal, Bikaner in Motor Accident Claim Case No.23/2004, whereby, the learned Tribunal awarded a sum of Rs. 4,39,000/- to the claimant-respondents who are the legal heirs of the deceased Tej Pratap Singh as compensation. The appellant - Rajasthan State Road Transport Corporation challenged the validity of the award as well as the quantum of the amount awarded to the claimant-respondents by the impugned judgment.
(2.) Learned counsel for the appellant submits that the accident in question took place when a bus bearing registration No.RJ-14-P-2906 belonging to the appellant Corporation being driven by Chhagan Lal collided with a trailer bearing registration No.PB-32-B-2410 resulting into the death of Tej Pratap Singh. He vehemently contended that it is the driver of the trailer in question who drove the vehicle rashly and negligently and thereby caused the accident. He submitted that it is a case of rash and negligent driving by the driver of the trailer and the appellant Corporation has wrongly been made responsible to satisfy the award.
(3.) Per contra, learned counsel for the claimant respondents, driver and owner of the trailer in question stressed that the learned Tribunal has duly appreciated the evidence available on the record and has rightly held that the bus driver drove the bus rashly and negligently and, therefore, he was responsible for the accident in question. It is thus prayed that there is no reason to interfere in the well reasoned judgment and award passed by the learned Tribunal.;