Vineet Kothari, J. - (1.) The present appeal has been filed by the appellants-claimants aggrieved by the impugned judgment and award dated 21.09.2000 passed by the learned Motor Accident Claims Tribunal, Dungarpur, dismissing the claim petition of the appellants-claimants, on account of alleged compromise between the parties under which a sum of Rs. 8000/- was paid to the widow of the deceased by the Driver of the RSRTC Bus.
(2.) On 23.01.1998, the deceased Kauwa aged 40 years, who was a trained Mason, was coming from Galander to Mada on bicycle. At that time, Bus No.RJ 14 P 2578 belonging to the Rajasthan State Road Transport Corporation (RSRTC), being driven by the respondent No.1- Narayan caused the accident, resulting into the death of Kauwa. Thereafter, a claim petition has been filed by the father, mother, son and daughters of the deceased Kauwa before the learned Tribunal. The relevant findings of the learned Tribunal are quoted below for ready reference:- ...[VERNACULAR TEXT OMITTED]...
(3.) Learned counsel for the appellants Mr. Rajesh Panwar submits that the learned Tribunal has, after placing reliance on the compromise entered into between the parties, as alleged by the respondent No.1-Narayan, dismissed the claim petition. Smt.Phulki widow of the deceased Kauwa was not the eye witness of the said accident. Admittedly, the accident was caused by RSRTC Bus No.RJ 14 P 2578, being driven by respondent No.1-Narayan. Even though any compromise, if entered into, contrary to law or against the public policy, cannot be said to be valid in law. The respondent No.1-Narayan has not produced any document regarding the alleged compromise before the learned Tribunal. Therefore, the learned Tribunal has erred in dismissing the claim petition filed by the appellants-claimants. Hence, the present appeal deserves to be allowed.;