RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs. MOHRI DEVI
LAWS(RAJ)-2014-7-80
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on July 09,2014

RAJASTHAN STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
Mohri Devi Respondents

JUDGEMENT

- (1.) This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the 1988 Act') has been filed by the appellant-Rajasthan State Road Transport Corporation (hereinafter 'the Corporation') against the award dated 30-1-2014 passed by the Motor Accident Claims Tribunal, Neem ka Thana, District Sikar (hereinafter 'the Tribunal'). Thereby the Tribunal has awarded to the respondents-claimants (hereinafter 'the claimants') compensation for a sum of Rs.8,35,600/- along with interest at the rate of 6% from 17-2-2010, i.e. the date of filing the claim petition till the date of payment.
(2.) Heard learned counsel for the appellant Corporation and perused the impugned award dated 30-1-2014.
(3.) The claimants, a 26 years old widow of one Banshidhar, three infant children between the age of 3 and 5, as also her in-laws, filed a petition under Section 166 of the 1988 Act for the death of Banshidhar, in an accident of 25-11-2009, at 11.00 AM. Banshidhar was at the relevant time stated to be sitting on a tractor parked off the road near Jhadaya bus-stand, when the Corporation's bus bearing registration No. RJ-18/P-2002, rashly and negligently driven on the wrong side of the road collided with it. Banshidhar sustained injuries and died in the course of treatment. FIR with regard to the accident was registered at Police Station Udaipurwati, District Jhunjhunu. Following investigation challan was filed against the driver of the offending bus of the Corporation for rash and negligent driving. In the circumstances, the claimants as legal representatives of the deceased Banshidhar filed a petition before the Tribunal claiming compensation of Rs.58,70,000/-.;


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