- (1.) This appeal has been preferred by the R.S.R.T.C. Against the award dated 26th July, 1999, passed by the Motor Accident Claims Tribunal, Ajmer, in Claim Case No. 232/88 (509/99), whereby the claim petition filed on behalf of Respondent Nos. 1 to 3 was allowed and a sum of Rs. 1,17,220 was awarded by way of compensation on account of death of Girvar Narain Goyal caused in the accident.
(2.) As per the facts of the case, deceased Girvar Narain Goyal was driving Ambassador Car No. RSL 143, and was going from Nasirabad towards Ajmer, along with pilgrims who had come to pay their homage at 'Sarwad Sharif' and hailed from Karnataka State, when he was coming from Nasirabad side towards Ajmer, Roadways Bus No. RSG 6210 came from opposite side and on account of rash and negligent driving of the bus, it dashed against taxi car, resulting into death of Girwar Narain Goyal, driver of the car along with three other passengers. On this report, a case was registered at Police Station Nasirabad. In due course, the present claim petition came to be filed before the Tribunal. The learned Tribunal framed the issues. Issue No. 1 was framed on the point whether Bus No. RSG 6210 was driven rashly and negligently and the accident occurred on account of rash and negligent driving. The said issue was decided in affirmative and compensation was awarded as stated herein above.
(3.) The present appeal has been filed on behalf of R.S.R.T.C. challenging the Award on the point that the Tribunal has wrongly relied upon the statement of A.W. 3 Satish Chand, who is stated to be eye-witness but his testimony is tainted on the ground that his presence is doubtful and there are material contradictions in his statement. Alternatively, the finding of negligence arrived at by the Tribunal at the part of the driver of the appellant R.S.R.T.C. is also challenged on the ground that the deceased driver of the car, whose dependents had brought the claim petition was also responsible for contributory negligence.;