General Manager, R.S.R.T.C vs Smt. Rajdeep Kaur And Anr
2021 Latest Caselaw 5 Raj

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.

(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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