Managing Director & Anr vs Akhtar & Anr on 26 November, 2009

CMA No.593/98 - Managing Director & Anr. Vs. Akhtar & Anr.        Judgment dt.26.11.09

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               S.B. CIVIL MISC. APPEAL NO.593/1998
              Managing Director & Anr. Vs. Akhtar & Anr.

Date of order                         :                      26th November, 2009

                                    PRESENT

              HON'BLE DR. JUSTICE VINEET KOTHARI

Mr.Vipin Pandia for Mr.V.K. Mathur for the appellant-non-claimants.

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1.             Heard learned counsel.

2.             This appeal is filed by the R.S.R.T.C., owner of the

vehicle being aggrieved of the award of MACT, Bikaner dated 7th

May, 1998 deciding claim case No.75/1993.

3.             In the accident which took place on 30.8.1992 when the

bus of R.S.R.T.C.. hit a camel cart on which the claimant Akthar was

riding, he fell down and suffered injuries including fractures which

resulted in permanent disability.

4.             The claim was filed by the claimants to the extent of

Rs.1,72,000/-.

5.             The learned Tribunal after discussing the entire evidence

decided the issue No.1 as to rash and negligent driving of the bus of

R.S.T.C. by the driver in favour of the claimants and proceeded to
 CMA No.593/98 - Managing Director & Anr. Vs. Akhtar & Anr.   Judgment dt.26.11.09

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determine the compensation after discussing the relevant evidence

awarded the compensation of Rs.38,820/-.

6.             Having perused the reasons given by the learned

Tribunal and record of the case, this Court is satisfied that there is no

force in the present appeal filed by the owner of the vehicle,

R.S.R.T.C. as finding of accident are based on relevant evidence and

cannot be said to be perverse in any manner. As far as quantum of

compensation is concerned also this Court is satisfied that the

quantum of compensation is just and reasonable and does not call for

any reduction at the instance of the appellant-R.S.R.T.C.

7.             Consequently, this court finds no force in the appeal of

the appellant-owner of the vehicle. The same is hereby dismissed.

No costs. Copy of this judgment be sent to the opposite parties.



                                                [ DR. VINEET KOTHARI ], J.

item No.32
babulal/