JUSTICE SANDEEP MEHTA, J. - (1.) The instant appeal is preferred by the Rajasthan State Road Transport Corporation (in short 'Corporation') against the judgment and award dated 18.8.1999 passed by the learned Judge, Motor Accident Claims Tribunal, Udaipur in MAC No.148/1990 whereby the learned Tribunal accepted the claim petition filed by the respondent claimant Anil Kumar and granted him compensation to the tune of Rs. 3,50,000/-. Whilst accepting the award for the aforesaid amount on the basis of the contributory negligence of the two drivers, the liability of the appellant corporation was fixed at 30% whereas 70% liability was attributed to the truck owner and the insurance company. Accordingly, the award was apportioned in a ratio of 30% against the RSRTC and 70% against the insurance company of the truck i.e. the respondent No.5 herein.
(2.) Brief facts of the case are that the respondent claimant Anil Kumar was travelling in the appellant's bus bearing registration No.RNP-92 on 26.9.1989 from Udaipur to Chittorgarh. The bus collided with a truck bearing registration No.CII-7440 resulting into the claimant respondent receiving numerous injuries. The claimant respondent filed the claim petition, which was allowed fixing the liability of the appellant corporation and the Insurance Company in the above ratio by the impugned judgment and award. The Corporation has approached this Court by way of the instant appeal challenging the said award.
(3.) The claim was filed against the Corporation as well as the owner, driver and insurer of the truck in question. The corporation took a defence that the driver of the truck drove the truck rashly and negligently causing the accident and thus, the responsibility of satisfying the claim should not have been fixed on the corporation at all. The learned Tribunal held that the driver of the bus was negligent to the extent of 30% while driving the bus and accordingly, the liability was fixed on the corporation to satisfy the claim. Hence, this appeal.;