HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1782/2019
1. Rajasthan State Road Transport Corporation, Through General Manager Jaipur (Raj.)
2. Rajasthan State Road Transport Corporation, Through Depot Manager Churu (Raj.) (Bus Owner)
----Appellants Versus
1. Sushila W/o Late Kaluram, R/o Damamiyo Ki Dhani, Ward No. 12, Rajgarh, District Churu (Raj.)
2. Harnandi D/o Late Kaluram, Minor Through Natural Guardian Mother Sushila. R/o Damamiyo Ki Dhani, Ward No. 12, Rajgarh, District Churu (Raj.)
3. Shiv Kumar S/o Late Kaluram, Minor Through Natural Guardian Mother Sushila. R/o Damamiyo Ki Dhani, Ward No. 12, Rajgarh, District Churu (Raj.)
4. Mohit S/o Late Kaluram, Minor Through Natural Guardian Mother Sushila. R/o Damamiyo Ki Dhani, Ward No. 12, Rajgarh, District Churu (Raj.)
5. Laxmi Devi W/o Rampal, R/o Damamiyo Ki Dhani, Ward No. 12, Rajgarh, District Churu (Raj.)
6. Rampal S/o Narayanram, R/o Damamiyo Ki Dhani, Ward No. 12, Rajgarh, District Churu (Raj.)
7. Gulab Singh S/o Shri Cahndaram, R/o Mundi Tal, Tehsil Rajgarh, District Churu (Raj.) (Driver)
----Respondents For Appellant(s) : Mr. Loon Karan Purohit For Respondent(s) : Mr. Vikash Bijarnia HON'BLE MR. JUSTICE ARUN BHANSALI Order 12/07/2021 This appeal is directed against the judgment and award dated 28.03.2019 passed by Motor Accident Claim Tribunal, (Downloaded on 12/07/2021 at 08:51:32 PM) (2 of 4) [CMA-1782/2019] Rajgarh, District - Churu, whereby the Tribunal has awarded a sum of Rs.11,41,000/- as compensation alongwith interest @ 7.5% per annum from the date of application.
The application was filed by legal representatives of one - Kaluram inter alia with the submissions that on 14.11.2015 at about 11:40 am Kaluram alongwith Sunil Kumar were walking on the road when the offending vehicle being driven by its driver - Gulab Singh rashly and negligently struck Kaluram on account of which he fell down and sustained grievous injuries to which he succumbed. It was claimed that the deceased - Kaluram was aged 35 years and was working as a mechanic who earned Rs.18,000/- per month. Based on the said submissions compensation was sought to be tune of Rs.79,45,000/-.
The application for compensation was contested by the appellants and the driver inter alia with the submissions that the accident did not occur on account of rash and negligent driving by the driver. It was claimed that the accident occurred on account of the negligence of deceased - Kaluram, who probably with the intention to commit suicide, came under the rear tyre of the bus and as such, it was prayed that the application for compensation be dismissed.
Based on the averments made by the parties, the Tribunal framed five issues. On behalf of the claimants two witnesses were examined and 22 documents were exhibited and on behalf of the defendants two witnesses were examined.
After hearing the parties the Tribunal came to the conclusion that the theory propounded by the defendants regarding the deceased - Kaluram attempting suicide, which resulted in the accident, had no basis and that the accident occurred on account (Downloaded on 12/07/2021 at 08:51:32 PM) (3 of 4) [CMA-1782/2019] of rash and negligent driving by driver of the bus and after assessing the quantum of compensation based on judgments of Hon'ble Supreme Court awarded the compensation as noticed here-in-before.
Learned counsel for the appellants made submissions that the Tribunal was not justified in coming to the conclusion that the accident occurred on account of rash and negligent driving by driver of the bus. It was submitted that admittedly the deceased - Kaluram came under the rear tyre of the bus and as such, it was apparent that he intended to commit suicide and, therefore, the finding recorded deserves to be set aside and the compensation awarded deserves to be quashed.
I have considered the submissions made by learned counsel for the appellants and have perused the material available on record.
The bare perusal of the findings recorded by the trial court, it is apparent that the trial court after assessing the oral evidence led by the parties came to a categorical conclusion that the accident occurred on account of the rash and negligent driving by driver of the bus.
The plea raised by the appellant regarding deceased - Kaluram attempting to commit suicide only based on the fact that he came under the rear tyre, apparently has no basis as it is not the case of the appellants that the deceased - Kaluram lay in front of the rear tyre of the stationary bus, which on bus moving resulted in the accident. Admittedly, the accident has occurred while the bus was in motion and, therefore, the claim that the deceased - Kaluram attempted suicide, which resulted in his coming under the rear wheel of the bus apparently is baseless. (Downloaded on 12/07/2021 at 08:51:32 PM)
(4 of 4) [CMA-1782/2019] The suggestion given in the cross-examination to Sunil, who was with the deceased that the deceased was drunk and came under the front wheel of the bus, essentially takes away the plea raised by the appellants.
In view thereof, the finding recorded by the Tribunal, does not call for any interference. No other point was argued by learned counsel for the appellants.
In view of the discussion, there is no substance in the appeal, the same is, therefore, dismissed.
(ARUN BHANSALI),J 12-Sachin/-
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