General Manager, R.S.R.T.C vs Mohan
2021 Latest Caselaw 6921 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Misc. Appeal No. 237/2019

1. General Manager, Rajasthan State Road Transport Corporation, Office Falna Depot, District Pali (Raj.)

2. Zonal Manager, Rajasthan State Road Transport Corporation, Bikaner, Zone Bikaner (Raj.)

3. Manager, Rajasthan State Road Transport Corporation Banswara, District Bansawara (Raj.)

4. Manager, Rajasthan State Road Transport Corporation, Shri Jagdish Chandra S/o Shri Ramchandra, B/c Sain, R/o Banswara, Tehsil and District Banswara (Raj.) (Bus Owner)

----Appellants Versus

1. Mohan S/o Shri Shankar, B/c Yadav, R/o Ganoda, Tehsil Ganoda, District Banswara (Raj.) (Claimant)

2. Banshilal S/o Shri Bhomaram, B/c Meena Maida, R/o Bhuvi, Tehsil Ahore, District Jalore. (Raj.) (Driver)

----Respondents

For Appellant(s) : Mr. L.K. Purohit For Respondent(s) : Mr. Parikshit Nayak

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/03/2021

The present appeal has been preferred by the appellant -

Rajasthan State Road Transport Corporation assailing the validity

and legality of the Judgment & Award dated 01.10.2018 passed by

the Judge, Family Court, Banswara in M.A.C. Case Nos. 94/2017

(Old No. 220/2014) (Mohan Vs. Manager, RSRTC & ors.) vide

which the Tribunal partly allowed the claim petition awarding a

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sum of Rs. 4,59,916/- as compensation in favour of the

respondent-claimant - Mohan on account of grievous injuries

suffered by him in the accident which occurred on 14.03.2014.

The facts of the case in short are that on 14.03.2014 in the

morning at 10.00 A.M., one Dinesh along with Mohan and Narayan

was coming from Ganoda to Banswara on the motor-cycle bearing

Registration No. RJ-12-SB-6126. When they reached near the

Bhuwasa Bus Stand, the non-claimant No. 5 - Banshilal Meena,

the driver of the roadways bus bearing Registration No. RJ-22-PA-

2896 plying it rashly, negligently and at high speed, hit their

motor-cycle, due to which Dinesh, Narayan & Mohan sustained

grievous injuries. On account of said injuries, Dinesh died while

undergoing treatment on 14.03.2014. In these circumstances,

the injured-claimant Mohan preferred the claim petition before the

Tribunal claiming compensation under various heads from the

appellant - Corporation.

The Tribunal after framing the issues, evaluating the

evidence on record and hearing the arguments of the parties,

passed the Judgment & Award dated 01.10.2018 partly allowing

the claim petition. Hence, the present appeal has been preferred

by the appellant - Corporation before this Court.

Heard learned counsel for the parties.

Learned counsel for the appellants submits that the findings

recorded by the Tribunal on Issue No. 1 are laconic and totally

non-speaking. He further submits that the Tribunal has not

appreciated the evidence on record and thus, has erred while

recording the finding that the driver of the appellant's bus was

only responsible for the accident in the present case. Learned

counsel further submits that the amount of compensation awarded

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by the Tribunal in favour of the respondent-claimant - Mohan on

account of injuries suffered by him is quite excessive and the

same is required to be suitably reduced.

Per contra, learned counsel for the respondent-claimant

while supporting the findings recorded by the Tribunal on Issue

No. 1 submits that in light of the testimony of the injured Mohan

and Narayan, the liability to satisfy the award has rightly been

fastened by the Tribunal upon the appellant - Corporation in this

case. He further submits that the motor-cycle was being driven on

its correct side and because of the rash and negligent driving of

the bus, the accident occurred in the present case and therefore,

the findings recorded by the Tribunal on Issue No. 1 do not suffer

from any infirmity. He further submits that the amount of

compensation awarded by the Tribunal is 'just compensation' in

the present case as the correct factors of multiplier have been

applied by the Tribunal while calculating the award in the present

case. He further submits that no amount towards future

prospects has been awarded by the Tribunal. He, therefore, prays

that the appeal of the appellant-Corporation may be dismissed.

I have considered the rival submissions of the parties and

gone through the judgment and award impugned as well as other

relevant documents.

A perusal of the judgment and award impugned shows that

the findings recorded by the Tribunal qua Issue No. 1 are totally

unreasoned as the Tribunal has not taken into consideration the

evidence produced before it minutely. The Tribunal has merely

stated that since the court of competent criminal jurisdiction has

proceeded against the driver of the appellant's bus pursuant to the

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charge-sheet filed against him, therefore, the bus was being

driven rashly and negligently.

For better appreciation of facts, this Court has gone through

the site plan prepared by the police during the course of

investigation. In the present case, it is an admitted fact that the

bus of the appellant-Corporation was being driven from Banswara

to Udaipur. As per the site plan, the bus was required to be driven

on the left side of the road, whereas, the place of accident, which

has been shown from mark 'X' in the site plan, has been shown on

the opposite side of the road. Therefore, it can safely be inferred

that the bus had hit the motor-cycle on the opposite side i.e. right

side of the bus and the motor-cycle was being driven on its correct

side as the same was coming from Udaipur to Banswara.

Therefore, as per the site plan, the place of accident is on the

opposite side of the bus, hence, the bus had crossed the mid-line

of the road and collided with the motor-cycle which was coming

from the opposite direction. Thus, a perusal of the site plan will

go to show that the bus was not driven on its correct side and

therefore, it can be safely inferred that the accident was caused

on account of rash and negligent driving of the driver of the

appellant's bus in the present case. Therefore, the findings

recorded by the Tribunal on Issue No. 1 against the appellants are

correct and in view of the appreciation of evidence done by this

Court, the same do not call for any interference.

As far as the calculation of the award in the present case is

concerned, it is found that the Tribunal has rightly applied the

factors for determination of the compensation and therefore, the

same is also in conformity with the law on the point as per the

judgments of the Hon'ble Supreme Court. In these circumstances,

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this Court is not inclined to interfere in the judgment and award

dated 01.10.2018 passed by the Tribunal.

In view of the discussion above, there is no substance in the

appeal preferred by the appellant - Corporation and therefore, the

same is hereby dismissed.

(VINIT KUMAR MATHUR),J

291-Inder/-

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