Hon'ble CHAUHAN, J.—Aggrieved by the award dated 06.01.2010 passed by the Motor Accident Claims Tribunal (Additional District & Sessions Judge) (Fast Track) No.3, Jhunjhunu, Head Office, Nawalgrah (hereinafter referred to as “the learned Tribunal”), the Rajasthan State Road Transport Corporation (hereinafter referred to as the “RSRTC”) has challenged the same before this Court.

2. The learned counsel for the appellant has raised two contentions before this Court : firstly, since the accident between the tractor driven by Sunil (the deceased in this case) and the bus owned by the appellant, was a head on collision, therefore, the learned Tribunal should have presumed that 50% of the negligence lay on the part of Sunil. Thus, it was not justified in holding that the driver of the bus was solely responsible for the said accident. Secondly, the learned Tribunal has erred in concluding that Sunil was earning Rs.5,000/- per month as a driver on the tractor as an employee. Jagdish Prasad (A.W.3), in his statement, revealed that that Sunil was his driver. However, as Sunil's driving licence was not produced, thus the learned Tribunal should have presumed that he did not hold a valid licence

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