Rajasthan State Road Transport ... vs Raji Devi
2021 Latest Caselaw 13114 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2398/2018

Rajasthan State Road Transport Corp., Ajmer Depot, Through Chief Manager Rajasthan State Road Transport Corporation, Depot Bhilwara.

----Appellant Versus

1. Raji Devi W/o Kalyan Regar, Kheruna, Tehsil Jahajpur, Bhilwara

2. Bhanwar Singh S/o Shri Laxman Singh, R/o Somsyas, Tehsil Kotari, District Bhilwara. (Driver)

----Respondents

For Appellant(s) : Mr. L.K. Purohit.

For Respondent(s)        :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

25/08/2021

This appeal is directed against the judgment and award

dated 30.03.2018 passed by Motor Accident Claims Tribunal,

Bhilwara, whereby, for the injuries suffered by the claimant the

Tribunal has awarded a sum of Rs. 4,01,594/- alongwith interest

@ 6% p.a. from the date of application.

The application for compensation was filed by the respondent

- claimant inter-alia with the averments that on 11.06.2013 when

the applicant was in the process of getting on to the bus, the bus

was negligently started resulting in the applicant falling down and

her both feet came under the tyre resulting in grievous injuries

and permanent disablement to her.

(2 of 3) [CMA-2398/2018]

Based on the injuries suffered by her the compensation to

the tune of Rs.30,50,000/- was claimed. The Corporation filed its

reply and disputed the averments contained therein and it was

claimed that there was no negligence on part of the Driver of the

Bus. The Tribunal framed 5 issues. On behalf of the claimant she

herself was examined and exhibited 87 documents. On behalf of

the Corporation the conductor was examined.

After hearing the parties, the Tribunal came to the conclusion

that the accident occurred on account of negligence of the Driver

of the Bus and awarded compensation to the tune of

Rs.4,01,594/- including Rs. 2,33,994/- towards medical expenses

and Rs. 39,600/- towards hospitalization expenses.

Learned counsel for the appellant made submissions that the

Tribunal committed error in finding the driver of the appellant -

corporation as negligent, inasmuch as, the accident occurred while

the injured was trying to get on to the Bus, which clearly shows

that once the Bus was started she tried to climb on to the Bus,

resulting in the accident.

Submissions were made that it was at worse a case of

contributory negligence and, therefore, the claimant was not

entitled to compensation as awarded.

Further submissions has been made that the amount

awarded towards permanent disablement is excessive.

I have considered the submissions made by counsel for the

appellant and have perused the material available on record.

The Tribunal while deciding the issue of negligence observed

that the Bus Driver/the conductor were negligent, inasmuch as,

the gate of the Bus was still open, wherein, the injured was trying

to climb on to the Bus and that without the gate being closed, the

(3 of 3) [CMA-2398/2018]

driver should not have started the Bus, which clearly shows that

the Driver was negligently driving the Bus resulting in the

applicant falling down and suffering grievous injuries. The finding

recorded by the Tribunal cannot be faulted.

Further submission regarding compensation for the

permanent disablement suffered by the claimant being excessive

also apparently has no substance as a certificate (Ex.10)

indicating 22% permanent disablement was produced based on

which the Tribunal has awarded a sum of Rs.1,10,000/- in lump

sum.

In view of the fact that compensation to the tune of

Rs.2,33,994/- towards medical reimbursement and Rs.39,600/-

for 66 days of hospitalization has been awarded. It is apparent

that the claimant had suffered grievous injuries and permanent

disablement, which was proved from the disability certificate as

well and, therefore, the award of compensation to the tune of

Rs.1,10,000/- also cannot be faulted.

In view of the above discussion no case for interference in

the award is made out.

The appeal has no substance, the same is, therefore,

dismissed.

(ARUN BHANSALI),J 14-pradeep/-

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