RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs. KAMLESH BAI
LAWS(RAJ)-2019-1-246
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on January 04,2019

RAJASTHAN STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
Kamlesh Bai Respondents

JUDGEMENT

PRAKASH GUPTA,J. - (1.) Aforesaid three miscellaneous appeals have been filed by the appellant Rajasthan State Road Transport Corporation against the judgment and award dated 18.12.2017 passed by the Motor Accident Claims Tribunal No.2, Kota (referred to as "the tribunal"?), whereby the tribunal awarded Rs.8,24,730/-, Rs.3,63,140/- and Rs.8,49,730/- respectively as compensation to the respondentsclaimants.
(2.) Since these appeals are directed against the same judgment and award, therefore, they are being decided by this common judgment.
(3.) Learned counsel for the appellant-Corporation has submitted that the driver of the bus was not negligent. The rider of the motorcycle was riding the said motorcycle alongwith two other pillion riders without wearing helmets and thus, violating Section 128 of the Motor Vehicles Act, 1988. Learned counsel for the appellant-Corporation has relied on the judgment given in the case of United India Insurance Co. Ltd. Vs. K. Anjaiah and Ors. reported in 2004 (4) ALD 444 to contend that there was contributory negligence on part of the deceased as well.;


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