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Rajasthan High Court - Jodhpur

Magan Lal Alies Tiger vs Pepshu Road Transport Corporation And ... on 10 February, 2026

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2026:RJ-JD:7325]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Misc. Appeal No. 490/2001

1. Pepsu Road Transport Corporation through its Managing
Director, Nabha Road, Patiala, Director, Nabha Road, Patiala,
Punjab.
2. Rajender Singh S/o. Sh. Labh Singh, B/c Jat Sikh, R/o. Killa
Rampur, District Ludhiana, Punjab, At present Driver of Pepsu
Road Transport Corporation, Patiala, Punjab.
                                                                      ----Appellants
                                       Versus
Magan Lal @ Tigor S/o. Sh. Mangi Lal, aged about 22 years, B/
C Kumhar, R/o. Old Lane Near Chopra Kua (Well), Gangasahar,
Bikaner.
                                                        ----Respondent-Claimant
                                 Connected With
                    S.B. Civil Misc. Appeal No. 84/2003
Magan Lal @ Tigor S/o. Sh. Mangi Lal, aged about 29 years, B/C
Kumhar, R/o. Old Lane Near Chopra Well, Gangasahar, Bikaner.
                                                            ----Appellant-Claimant
                                       Versus
1. Pepsu Road Transport Corporation through General Manager,
Pepshu Road Transport Corporation, Ludhiyana, Punjab.
2. Depo manager Pepshu Road Transportation Ludhiyana.
                                                   -Vehicle Owner
3. Rajender Singh S/o. Sh. Labh Singh, B/c Jat Sikh, R/o.
Kilaraypur, District Ludhiana, Punjab, At present Driver of Pepshu
Road Transport Corporation, Patiala, Punjab.
                                                                    ----Respondents


For Appellant(s)             :     Mr. Dishant Kiroriwal
For Respondent(s)            :     None



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

10/02/2026 S.B. Civil Misc. Appeal No. 490/2001:-

1. Heard learned counsel for the appellant-Pepsu Road

Transport Corporation.

2. Nobody is present on behalf of the respondent/claimant-

Magan Lal.

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[2026:RJ-JD:7325] (2 of 9) [CMA-490/2001]

3. The present appeal has been filed by the appellant- Pepsu

Road Transport Corporation against the judgment and award dated

05.01.2001 passed by the learned Motor Accident Claims Tribunal,

Bikaner (for short 'learned Tribunal') in M.A.C.T. Case No.41/1997,

whereby, the learned tribunal while allowing the claim application

filed by the claimant- Magan Lal held the appellant-Pepsu Road

Transport Corporation liable to pay 50% of the awarded amount.

4. Briefly noted the facts in the present appeal is that the

respondent/claimant- Magan Lal while driving on his moped (bike)

met with an accident on 23.12.1995 with a bus bearing

registration No.PB 11/C 9570 belonging to the appellant- Pepsu

Road Transport Corporation, which was coming from the side of

Bhagat Singh Chowk. In the said accident, the

respondent/claimant Magan Lal sustained multiple injuries, for

which he was treated at PBM Hospital, Bikaner. On account of the

injuries suffered in the accident, the respondent/claimant Magan

Lal filed a claim petition before the learned Tribunal seeking award

of suitable compensation. The learned Tribunal, after framing of

the issues decided the claim petition of the respondent/claimant

Magan lal vide judgment and award dated 05.01.2001 and

awarded total compensation to the tune of Rs.4,21,761/-. Since,

the respondent/claimant Magan Lal was found 50% negligent in

the accident, therefore, the compensation was reduced by 50%

and the appellant- Pepsu Road Transport Corporation was directed

to pay only Rs.2,10,880/- as compensation to the

respondent/claimant. Hence, the present appeal has been filed by

the appellant-Pepsu Road Transport Corporation challenging his

liability to the extent of 50% of the awarded amount.

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[2026:RJ-JD:7325] (3 of 9) [CMA-490/2001]

5. Learned counsel for the appellant- Pepsu Road Transport

Corporation vehemently submits that the findings on Issue Nos. 1

& 4 are erroneous on the ground that the bus was being driven by

its driver Rajendra Singh on the correct side of the road and it was

squarely the fault of respondent/claimant Magan Lal, who was

rashly and negligently driving his moped (bike), thus, causing

accident on 23.12.1995. He further submits that a bare perusal of

the site plan (Ex.-3) placed on record clearly shows that the

accident took place at the center of the road. He also submits that

since the bus was coming from Sangariya and was being driven on

the correct side i.e. left side of the road, it was the fault of the

respondent/claimant Magan Lal, who was coming from the Bhagat

Singh Chowk and who should have driven his moped (bike) on the

extreme left side of the road, however, due to his rash and

negligent driving, he came in the center of the road collided with

the front portion of the bus. Thus, he sustained injuries on

account of his own fault.

6. Learned counsel for the appellant- Pepsu Road Transport

Corporation further submits that even in the cross examination of

AW-1 (Magan Lal), he has admitted that he had seen the bus from

a distance and that the bus was being driven on his correct side.

He further submits that a cumulative reading of the site plan and

the statement of respondent/claimant Magan Lal, clearly

establishes that respondent/claimant Magan Lal was driving his

moped (bike) rashly and negligently and met with an accident with

the bus of the appellant- Pepsu Road Transport Corporation which

was being driven by its Driver-Rajendra Singh, on correct side of

the road.

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[2026:RJ-JD:7325] (4 of 9) [CMA-490/2001]

7. Learned counsel, therefore, submits that fastening 50%

liability upon the appellant-Pepsu Road Transport Corporation on

the basis of contributory negligence is incorrect, arbitrary and

unreasonable. He, therefore, submits that the findings recorded by

the learned Tribunal on Issue Nos. 1 & 4 are erroneous and

therefore, it deserves to be held that the appellant-Pepsu Road

Transport Corporation was not responsible for the accident in

question and, therefore, is not liable to pay any compensation in

the present case.

8. None appears on behalf of the respondent/claimant- Magan

Lal to oppose the submissions made by the learned counsel for the

appellant-Pepsu Road Transport Corporation.

9. I have considered the submissions made at the Bar and gone

through the relevant record of the case including the impugned

judgment and award dated 05.01.2001.

10. It is undisputed in this case that on 23.12.1995

respondent/claimant Magan Lal while riding his moped (bike), met

with an accident and collided with the bus of the appellant-Pepsu

Road Transport Corporation thereby sustained multiple injuries in

the accident. The respondent/claimant Magan Lal was treated at

PBM Hospital, Bikaner and on account of this accident, a claim

petition was filed. In the claim petition, a number of issues were

framed and the learned Tribunal, after deliberating on each issue

passed an award dated 05.01.2001. It has been held that both the

parties are responsible to the extent of 50% each and, therefore,

on the basis of a contributory negligence, total award of

Rs.4,21,761/- has been passed, however, the appellant-Pepsu

Road Transport Corporation was held liable to pay a sum of

Rs.2,10,880/- to the respondent/claimant Magan Lal.

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[2026:RJ-JD:7325] (5 of 9) [CMA-490/2001]

11. It is noted that in the present appeal, the only challenge has

been made by the appellant-Pepsu Road Transport Corporation on

the findings recorded on Issue Nos. 1 & 4. A close study of

Exhibit-3 shows that the accident had taken place in the center of

the road, where the bus is coming from Sangariya side collided

with the moped(bike), which was being driven by the respondent/

claimant Magan Lal, who was coming from Bhagat Singh Chowk.

The statement of the respondent/claimant Magan Lal further

fortifies the fact that the accident occurred on the Chak Jawala

Singhwala Road, in which he sustained multiple injuries and since

the place of accident is shown to be the center of the road, it can

safely be presumed that both the vehicles were being driven

negligently. The learned Tribunal has closely analyzed the

evidence, which has come on record and has rightly come to the

conclusion that the claimant- Magan Lal was also partly

responsible for the accident in the present case. It will be

worthwhile to reproduced the findings recorded by the learned

Tribunal on Issue Nos.1 & 4 :-

^^uD'kk ekSdk izn'kZ&3 vkSj gkykr ekSdk izn'kZ&4 ds voyksdu ls ;g ik;k tkrk gS fd nq?kZVuk LFky uD'kk ekSdk izn'kZ&3 esa ^,^ LFkku ij gS tks djhc&djhc lM+d ds chp esa gS vkSj ogka Hkxrflag pkSjkgk ls vkus okyh eksisM pd Tokykflag okyk tkus ds fy;s eqM+rh gqbZ ik;h tkrh gS vkSj cl lkaxfj;k dh rjQ ls lh/kh vkrh ik;h tkrh gSA lM+d ij eksisM ,oa cl ds nksuksa ds Vk;jks ds jxM+ ds fu'kku n'kkZ, x;s gSA bls ,slk izrhr gksrk gS fd eksisM pkyd izkFkhZ us Hkh cl dks ns[kdj eksisM dks jksdus dk iz;kl fd;k vkSj blh Øe esa lM+d ij Vk;jksa ds fu'kku cus gSa vkSj cl pkyd us Hkh cl dks jksdus dk iz;kl fd;k mlh Øe esa lM+d ij Vk;jksa ds fu'kku cus gSA vFkkZr~ nksuksa okgu rst j¶rkj esa vkSj ,d nwljs ls igys nq?kZVuk LFky dks ikj djus ds iz;kl esa gh rst j¶rkj ls py jgh xkfM+;ksa dks jksdus dk iz;kl djrs gq, Hkh lM+d ds ,dne chp esa Vdjk x,A bl izdkj nksuksa okguksa ds pkyd nq?kZVuk ds fy, cjkcj ds Hkkxhnkj gS vFkkZr~ (Uploaded on 11/02/2026 at 03:54:17 PM)

[2026:RJ-JD:7325] (6 of 9) [CMA-490/2001]

izkFkhZ exuyky ,oa vizkFkhZ jktsUnzflag cl pkyd nq?kZVuk ds fy, 50&50 izfr'kr mis{kk ds nks"kh gSaA izeq[k rF; ;g gS fd nq?kZVuk dkfjr djus okyh vizkFkhZx.k dh cl lM+d ij ck;h rjQ ugha Fkh vFkkZr~ ;krk;kr fu;eksa dk mYy?kau djrs gq, lM+d ds chp esa py jgh Fkh vkSj eksisM pkyd izkFkhZ us Hkh eksisM dks rst j¶rkj ls pykrs gq, gh okgu dks jksdus dk iz;kl fd;k vkSj Vk;jksa ds fu'kku lM+d ij cusA ;fn cl dh j¶rkj rst Fkh rks pwafd cl ,d cM+k okgu gS blfy, eksisM pkyd izkFkhZ dk dÙkZO; gS fd og bl okgu dks igys fudyus nsrk ijarq nksuksa gh okgu pkydks us utnhd vkus ij gh vius&vius okgu dks jksdus dk iz;kl fd;kA^^

12. As far as, the argument of the learned counsel for the appellant-Pepsu Road Transport Corporation is concerned that in the statement of the respondent/claimant Magan Lal, he has admitted that the bus was coming on its correct side, it is sufficient to observe that such an admission by itself cannot be the sole basis to come to the conclusion that it was the entire fault of the respondent/claimant Magan Lal. The said statement is required to be read in complete and not in isolation.

13. In the totality of the circumstances, in the considered opinion of this Court, the learned Tribunal has rightly evaluated and accessed the evidence available on record and has correctly come to the conclusion that both the parties were negligent thereby causing the accident in the present case and, therefore, on the basis of principle of contributory negligence, an amount of compensation has been reduced by 50% against the appellant- Pepsu Road Transport Corporation. The findings recorded by the learned Tribunal do not suffer from any infirmity.

14. Hence, the present appeal fails and the same is hereby dismissed.

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[2026:RJ-JD:7325] (7 of 9) [CMA-490/2001]

S.B. Civil Misc. Appeal No. 84/2003 :-

1. None present on behalf of the appellant-claimant - Magan

Lal.

2. Mr. Dishant Kiroriwal, learned counsel appears on behalf of

the respondent- Pepsu Road Transport Corporation.

3. The present appeal has been filed by the appellant-claimant

Magan Lal for enhancement of the award amount awarded by the

learned Motor Accident Claims Tribunal, Bikaner (for short 'learned

Tribunal') in M.A.C.T. Case No.41/1997 vide judgment and award

dated 05.01.2001, whereby, the claim petition filed by the

appellant-claimant Magan Lal was allowed and a total

compensation of Rs.4,21,761/- was awarded, however, since the

learned tribunal held that both the appellant and the respondent

was negligent, therefore, it has been held that the appellant-

claimant Magan Lal shall be entitled for compensation to the tune

of Rs.2,10,880/-, which shall be paid by the respondent-Pepsu

Road Transport Corporation.

4. The facts of the present case have already been noted while

passing the order in SBCMA No.490/2001.

5. I have gone through the relevant record of the case including

the impugned judgment and award dated 05.01.2001.

6. This Court feels that the computation of the award has been

made on the basis of the injuries suffered by the appellant-

claimant- Magan Lal and the bills produced by him for the

treatment extended to him.

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[2026:RJ-JD:7325] (8 of 9) [CMA-490/2001]

7. In the considered opinion of this Court, the amount is

required to be re-computed in the light of Rajasthan State Legal

Services Authority Guidelines, 2024 (for short 'RALSA Guidelines,

2024).

8. Learned counsel for the respondent-Pepsu Road Transport

Corporation is not in a position to refute the facts that the amount

in the present case is required to be re-computed in the light of

RALSA Guidelines, 2024. Thus, keeping-in-mind the factors intact

utilized by the learned Tribunal, the amount in the present case is

re-computed as under :-

1. Age of the injured 25 Years

2. Permanent Disability 52% Calculation :-

Rs.35,000/- + Rs.6,500/- for each % of disability X 52= Total = Rs.35,000/- + 3,38,000=3,73,000/- Rs.3,73,000/-

3. Injuries and there amount payable :-

Three simple Injuries :-

      Rs.3500x3=10,500/-                                          Rs.10,500/-
4.    Hospitalization amount payable :-                           Rs.87,000/-
      Rs.600/- per day x 145 days=87,000/-
5.    Medical Bills                                               Rs.8,511/-
6.    Loss of Income                                              Rs.1,01,500/-
      145 Days x Rs.700/- per day=1,01,500/-