- (1.) This instant appeal is directed against the award dated 18.4.2015 passed by Motor Accident Claims Tribunal (ADJ-No.4), Jaipur District, Jaipur, in MAC No.25/2014 (1138/2010).
(2.) The brief facts noticed for disposal of this appeal are that one Nand Kishore who was driving his motorcycle, while was going to Chaksu on 15.8.2010 at about 11 o'clock near Radhaswami Satsang Bhawan, Beelwa, a red coloured Roadways bus bearing no.RJ 13P 2416 which was being driven in a rash and negligent manner by the driver of the respondent Corporation, Nijamuddin Khan, came from the side of Shivdaspura and hit the motorcycle from wrong direction and on account of which Nand Kishore received grievous injuries and injuries being fatal, later on he expired on account of the injuries received by him. FIR was lodged bearing no.303/2010 in Police Station Shivdaspura, thereafter challan, charge-sheet etc. were filed. It was claimed that Nand Kishore was a hale and hearty man aged about 39 years, and was employed as Production Supervisor in India Image Export House, and was drawing a salary of Rs.15,500/- per month. On account of the fatal accident he left behind his widow, three minor children - one daughter and two sons, and aged father. The Tribunal, after considering all the facts and material, allowed a claim of Rs.8,40,000/- which has been assailed by the Corporation.
(3.) The learned counsel for the appellant contended that the claim allowed by the Tribunal is without any evidence and basis. His contentions were that :(1) in the FIR the bus number was wrongly quoted as RJ 13P 2316 in place of RJ 13P 2416 and, therefore, there was vital discrepancy in the FIR. (2) It was a head on collision, there was contributory negligence of Nand Kishore as well. (3) The income adopted at Rs.6,000/- has been disputed as the amount of Rs.6000/- is without any basis or material or evidence. 3.1 On the above issues he contended that the FIR, which was the prime document, if some fact is wrongly narrated, then the claim is itself inadmissible. He contended that wrong mentioning of bus number is vital and the person filing an FIR ought to have correctly noted the bus number and he even doubted the accident by the bus no.RJ 13P 2416. He further contended that there was a head on collision and negligence of Nand Kishore was proved, therefore, he was equally liable and there was no mistake of the driver of the appellant-Corporation. He further contended that there is no material on record to come to the conclusion that he was earning Rs.6000/- per month as no material worth reliance has been placed on record before the Tribunal and the Tribunal has simply assumed that he must be earning at least Rs.6000/-, which has no basis.;