Vineet Kothari, J. - (1.) THIS appeal has been filed by the appellant/non -claimant, Rajasthan State Road Transport Corporation (for brevity, hereinafter referred to as 'RSRTC') aggrieved by the judgment and award dated 12.05.2000 of the learned Judge, Motor Accident Claims Tribunal, Hanumangarh, (Tribunal) allowing the claim petition filed by the first respondent/claimant being Claim Case No. 207/1995 -Union of India through Commanding Officer Lt. Col. A.K. Singh, L.T. C.O. Koy A.S.C. (TKTYPY) C/o 56 APO v. R.S.R.T.C. & Anr. under Section 173 of the M.V. Act. The learned Tribunal has awarded compensation of Rs. 5,71,258/ - in favour of first respondent/claimant for the alleged loss of property viz. damage caused to their Tatra Truck No. 86E 7894W, which with an accident took place on 30.11.1994 with the Bus of non -claimant - RSRTC being Bus No. RJ -14 -P -1474 at about 03.15 PM, in the after -noon, at Nava Bye -pass on Suratgarh -Hanumangh highway.
(2.) THE brief facts of the said accident are like this. The said Tatra Truck was coming from Sangariya to Hanumangarh side having its destination at Suratgarh and it took right turn on the said Nava Bye -pass, whereas the RSRTC's Bus, coming from opposite side, which was plied by its driver (respondent No. 2 herein) hit the said truck on the front and the damage was caused to the said military vehicle. An FIR of the said accident was registered, in which the investigating agency after investigation, filed Challan against the driver of the RSRTC's Bus i.e. against Ajayab Singh (driver/respondent No. 2) for the rash and negligent driving. The compensation was claimed to the tune of Rs. 5,71,25.38 mainly on account of the fact that the said Tatra truck was re -classified from Class III to Class VI of the Vehicles maintained by the claimant, and upon down grading of the said vehicle the value went down from Rs. 8,16,118/ - to Rs. 2,44,868/ -, and the difference of Rs. 5,71,258.38 was thus claimed as damages in terms of guidelines laid down for valuation AO No. 37/76 dated 09.03.1988 issued by the Ministry of Defence, Government of India. The learned Tribunal has recorded the following findings while awarding the compensation in favour of claimant/first respondent: - -
(3.) THE appellant -RSRTC aggrieved by the said judgment has filed the present appeal before this Court on 15.12.2000. While admitting the present misc. appeal vide order dated 12.09.2001 a coordinate bench of this Court granted interim order staying the execution of the award passed by the learned Tribunal.;