HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 742/2018 General Manager, Rajasthan State Road Transport Corporation, Jaipur Through Depot Manager, Depot - Hanumangarh, Dist Hanumangarh. Raj. - (Owner Of Bus No. RJ31-PA-3006)
----Appellant Versus
1. Smt. Rajdeep Kaur W/o Late Bagga Singh, By Caste Majbisikh, R/o Chak- 5, PSD-C, Teh- Gharsana, Dist - Sriganganagar.
2. Het Ram S/o Birbal Ram Jat Saharan, aged about 55 years, R/o Rodawali 6 K.K.W Dhani, Sampat Nagar, Hanumangarh, At Present Driver, Rajasthan State Road Transport Corporation, Depot-Hanumangarh. Raj. (Driver Of Bus No. RJ31-PA-3006)
----Respondents For Appellant(s) : Mr. M.R. Pareek through VC.
HON'BLE MR. JUSTICE SANDEEP MEHTA Order 04/01/2021 The instant misc. appeal has been filed by the appellant General Manager, Rajasthan State Road Transport Corporation, Jaipur for assailing the judgment and award dated 11.10.2017 passed by the Motor Accident Claim Tribunal, Anupgarh, District Sri Ganganagar in Claim Case No.50/2014 whereby, the claim application filed by the respondent No.1-claimant Smt. Rajdeep Kaur on account of death of her son Manjeet Singh, was partly allowed and she was awarded compensation to the tune of Rs.5,60,000/- with interest at the rate of 6% per annum from the date of filing of the claim application. (Downloaded on 05/01/2021 at 08:16:19 PM)
(2 of 2) [CMA-742/2018] I have heard and considered the submissions advanced by learned counsel Shri Pareek and have gone through the impugned award.
The fact regarding the death of Manjeet Singh having occurred because of accident caused by the rash and negligent driving by the bus of the appellant is well established by the evidence available on record. The finding recorded by the Tribunal on this issue is unquestionable. The deceased was a young boy of about 14 years. On perusal of issue regarding quantum of compensation, it is apparent that the Tribunal justly applied the criterion as laid down by this Court in the case of Manju Devi & Anr. vs. Shanker Singh & Ors. reported in 2015 ACJ (Raj.) 130 while quantifying the compensation awardable to the claimant. By no stretch of imagination, the amount of compensation quantified by the Tribunal at Rs.5,60,000/- can be considered to be unjust or excessive so as to warrant any reduction therein. Finding no illegality, infirmity or perversity in the impugned award dated 11.10.2017, I am not inclined to interfere therein.
Thus, the appeal is dismissed in limine as being devoid of merit. Stay application is also rejected.
(SANDEEP MEHTA),J 3-Tikam/-
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