Chauhan, J. - (1.) The appellant Corporation has challenged the award dated 1.5.2004 whereby learned Member, Motor Accidents Claims Tribunal (henceforth to be referred to as 'the Tribunal') awarded a compensation of Rs. 1,06,000 along with interest at the rate of 6 per cent per annum to the respondent-claimant for the injuries suffered by him in an accident involving a Roadways bus.
(2.) Brief facts of the case are that on 11.2.2000 when Rajendra Singh, respondent, was returning from a marriage from Khairthal to Behrod in a jeep along with others, a Roadways bus, bearing No. RJ 02-P 0927, rashly and negligently hit the jeep. Resultantly, respondent-claimant suffered fractures of right leg and right hand. He also sustained an injury on his nose. Since his condition was rather serious, he was immediately referred from Behrod Hospital to the S.M.S. Hospital in Jaipur. Twice, he had to undergo operation. During the course of operation, rods had to be inserted in both his fractured leg and hand. Consequently, the claimant had suffered a permanent disablement of 15 to 30 per cent. Therefore, he filed a claim petition against the Roadways before the learned Tribunal.
(3.) In their written statements, the Roadways has claimed that the accident had occurred not because of the negligence of the bus driver, but because of rashness and negligence of the jeep driver. Therefore, it claimed that it was not liable for the accident; it is not liable for payment of any compensation to the injured person.;