CHIEF MANAGER , RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs. RADHESHYAM NAMDEV
LAWS(RAJ)-2018-8-279
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on August 24,2018

Chief Manager , Rajasthan State Road Transport Corporation Appellant
VERSUS
Radheshyam Namdev Respondents

JUDGEMENT

DINESH CHANDRA SOMANI, J. - (1.) The Rajasthan State Road Transport Corporation (RSRTC) and claimants have preferred these appeals under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act of 1988') against the impugned judgment and award dated 3.7.2012 passed by Judge, Motor Accident Claims Tribunal, Baran (hereinafter referred to as 'the Tribunal') in Claim Case No.205/2009 (Radheshyam Namdev and Ors. v. Hemant and Ors), whereby the learned Tribunal has allowed the claim petition and awarded compensation of Rs. 3,75,000/- to the claimant/appellant No.1 and 2 and against the non-claimants alongwith interest @ 7% per annum from the date of filing of the claim petition.
(2.) The appellant-Rajasthan State Road Transport Corporation (hereinafter referred as 'RSRTC') has preferred this appeal with prayer to set aside the impugned judgment and award, and to dismiss the claim petition. The claimants have preferred the appeal for enhancement of compensation.
(3.) Brief facts of the case are that one Manoj @ Golu aged 15 years died in an accident occurred on 19.10.2009 at about 2:30 PM, when he was going from Baran to Nahargarh in Bus No.RJ-28-P-0520. The bus was driven by non-claimant No.1-Hemant in a rash and negligent manner. The bus was owned by RSRTC. According to the claim petition, the deceased-Manoj was 17 years of age and he was employed with J. K. Tailor, Guna (M.P.) as a tailor and was earning Rs. 10,000/- per month. Claimants including father, mother and four sisters of the deceased, have preferred the claim petition against the non-claimants for compensation of Rs. 27,60,000/-.;


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