MANAK MOHTA
RAJASTHAN STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
JAMAL DEEN – Respondent
MANAK MOHTA, J.
( 1 ) THIS appeal is directed against the judgment and award dated 12. 12. 1994 passed by the Judge, motor Accidents Claims Tribunal, Nohar camp at Bhadra in M. A. C. T. Case No. 84 of 1992, whereby the learned Tribunal has allowed the claim petition and has awarded a sum of Rs. 78,000 plus interest at the rate of 12 per cent per annum from the date of filing of the claim petition in favour of the claimants-respondents and against the non-claimants-appellants.
( 2 ) BRIEF facts giving rise to the present appeal are that on 28. 6. 1992 a bus bearing no. RJ 14-P 1062, which belonged to the r. S. R. T. C. , Sriganganagar Depot was plying on Bhadra-Bikaner route. As per the facts stated in the claim petition, Khanu sat on the top of the bus with prior permission of the driver. One Rai Singh, son of lalchand Jat, resident of village Kunji, tehsil Bhadra and other persons were also sitting on the top of the bus. At Kunji Bus stand, they came into contact with live electric wires, as a result of which, Khanu died and other persons received injuries due to touch of live electric wires. The said bus was being driven by Bhagwant Singh rashly and negligently without
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