DEEPAK MAHESHWARI, J. - (1.) This appeal has been preferred by the plaintiff appellant - Rajasthan State Roadways Transport Corporation (to be referred as "RSRTC", for short) against the judgment and decree dated 21.12.1996 passed by learned Add. Sessions Judge, Sikar in civil original suit No.16/94 whereby the learned trial Court dismissed the suit filed by the plaintiff for recovery of compensation amount from defendants in the sum of Rs.1,69,800/- along with interest.
(2.) Brief facts giving rise to this appeal are that the defendant No.1 Shivji Ram was plying a bus number RSB-1956 owned by him under the control of the appellant Corporation as a contract carriage bus. An agreement was executed between appellant and respondent No.1 on 23.7.1979 to the effect that the said vehicle will ply under the control of RSRTC. As per condition No.15 of the said agreement, in case of any accident, liability of loss, compensation etc. will be of the owner of the vehicle. It was further provided that the RSRTC would be entitled to recover such amount from the owner of the vehicle if paid by it on account of court order or compromise. On 13.3.1980, the said bus met with an accident at about 10 am near village Babri wherein one Sawai Khan died. Legal representatives of the deceased filed a motor accident claim petition before the Motor Accident Claim Tribunal, Sikar against the owner and driver of the bus as also against RSRTC and insurer company of the vehicle, which was New India Assurance Company Limited. Learned Tribunal passed an award for Rs.1,20,000/- with 12% interest per annum against all the non-claimants jointly and severally. In compliance of said award, plaintiff RSRTC deposited a sum of Rs.1,50,937/- through cheque in favour of the claimants. Pursuant to the condition No.15 mentioned in agreement dated 23.7.1979, appellant filed a suit for recovery of Rs.1,69,800/- including the interest amount along with further interest against the bus owner i.e. Shivji Ram and the insurance company.
(3.) Respondent No.1 by way of filing the written statement admitted the agreement dated 23.7.1979 and also the fact that the amount of award was paid by RSRTC to the claimants. However, he denied his financial liability on account of such award. Respondent No.2 i.e. Insurance Company also contested the claim stating that the plaint is barred by limitation and the trial Court has got no jurisdiction to try the suit.;