RSRTC vs Sumitra 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 19.5.2005 at about 3.30 PM when the deceased Shankar Lal was crossing the road, suddenly a BUS No. RJ-14-1P-1416 came rashly and negligently and hit Shankar Lal, resulting into his death.

Thereafter 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. 4,27,000/- 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 learned Tribunal has committed serious error in holding that accident in question occurred due to the sole negligence of the driver of RSRTC bus driver though there was sufficient evidence on record to show that the bus in question never met with alleged accident. Hence, the impugned award is liable to be quashed and set-aside.

E Converso, the learned counsel for the respondents 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 appellant being bereft of any merit deserves to be dismissed, which stands dismissed accordingly.