RSRTC vs Smt. Mamuni Devi and Others

Mahesh Chandra Sharma, J.—This appeal has been filed against one judgment and award passed by MACT. Brief facts of the case are that on 31.5.2006 deceased Kunil Chandra Burman along-with his colleague had come for some work at Sodala and at about 1.15 PM while he was standing nearby the road for crossing it, all of sudden, the Roadways Bus No. RJ 14 1P 2173 came and dashed him, as a result of which he died.

There after FIR was lodged, claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 5,74,068/- in favour of claimants and against the non-claimants.

RSRTC has filed the aforesaid appeal challenging quantum 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. The impugned award is contrary to the evidence and material available on record and it suffers from application of judicious mind. He has further contended that the deceased is not skilled labour and without any concurrent evidence available on record, the learned Tribunal has assessed monthly income of the deceased as Rs. 4000/- and accordingly computed compensation for pecuniary loss, which is on higher side and deserves to be quashed and set-aside. He has further contended that the learned Tribunal has not considered the Naksha Mauka in correct perspective. From the Naksha Mauka and contradictory statement of eye witness AW-2, it cannot be said that vehicle in question had caused the alleged accident Hence, the impugned award deserves to be quashed and set-aside.

E Converse the learned counsel for the respondent defended the impugned award and stated the same to be just and apposite.

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. 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 appeal filed by the RSRTC being bereft of any merit deserves to be dismissed, which stands dismissed accordingly. Stay application also stands dismissed.