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Judgment
Mahesh Chandra Sharma, J.—Since all the aforesaid three appeals have been filed against one judgment and award passed by MACT, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 14.6.1999 at about 8.00 PM, the claimants were travelling as passengers in RSRTC BUS No. RJ 26 p 0478 after paying the fare. The driver of the aforesaid bus drove the bus rashly and negligently and hit a tanker near Sawai Madhopur Chauraha at Tonk, as a result of which the claimants sustained injuries while Mohd. Noor died.
Thereafter claim petitions were filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed different amount in favour of claimants in different claim petitions.
RSRTC has filed the appeal challenging quantum of compensation, whereas the claimants have filed the aforesaid appeals for enhancement of compensation.
Learned counsel for the RSRTC has contended that the learned Tribunal has committed a grave error in not considering the objections raised by the RSRTC properly. He has further contended that due to negligence on the part of the Tanker driver, the RSRTC cannot be held responsible. The bus driver was not negligent in driving the bus as the bus was going at a very low speed due to the traffic at chauraha.. It was the driver of the Tanker, who was driving the Tanker in fast speed and in rash and negligent manner, that caused the accident, for which the Corporation cannot be held liable. Therefore, the learned Tribunal erred while passing the impugned judgment and award, hence the judgment and award deserved to be quashed and set-aside.
E converso, the learned counsel for the claimants contended that the learned Tribunal awarded a very meager amount of compensation, hence the quantum of compensation needs to be enhanced and the impugned award deserves to be modified.
Having heard the learned counsel for the parties and carefully perused the impugned award including the relevant material on record, it is noticed that the learned Tribunal having dealt with each and every aspect of the matter ad-longum and the evidence emerging on record, rightly awarded the quantum of compensation in favour of the claimants. The impugned award passed by the learned Tribunal is found not to have suffered from any legal flaw, rather it is found to be just and apposite, based on cogent finding, with which I fully concur. For the reasons stated, I do not find any ground to interfere in the impugned award passed by the learned Tribunal and the appeals filed by the RSRTC as well as by the claimants being bereft of any merit deserve to dismissed, which stand dismissed accordingly.
Stay application also stands dismissed.