P.C. Jain, J. - (1.) The appellant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the Award dated 25-11-1994 passed by the learned Motor Accidents Claims Tribunal, Jodhpur (hereinafter to be referred as 'the Tribunal').
(2.) The brief facts materia for the disposal of this appeal may shortly be stated as follows: The accident occurred on 22-2-1991 near the crossing of Rikhatiya Bheruji when the deceased Babulal was knocked down by the Bus of the appellant bearing No. RNP 1382. At that time, deceased Babulal was driving Scooter No. RJ-19/4474 towards the Residency Road. Shri Ibrahim was sitting behind him on the above scooter. It is alleged that when Babulal had taken the scooter ahead of the said bus, the driver of the Bus Abhaisingh hit the scooter, as a result of which Babulal along with Ibrahim fail down. Babulal sustained fatal injuries, as result of which, he died in the Hospital. The FIR of this occurrence was lodged at the Police Station, Shastri Nagar. The Police registered a case under Sections 279 and 337 IPC. The site was inspected and site plan Ex. P.4 and site inspection memo Ex. P. 5 were prepared.
(3.) The post-mortem of the deceased was performed by the Medical Officer on 1-3-1991. According to the post-mortem report, Babulal died on account of head injuries. After investigation, a charge-sheet was filed against the driver Abhaisingh for the offences under Sections 304A, 279 and 337 IPC.;