2002 Supreme(Raj) 1873
RAJASTHAN HIGH COURT
N.N.Mathur, H.R.Panwar, JJ.
Rajasthan State Road Transport Corp., Jaipur - R.S.R.T.C. - Appellant
Versus
Smt. Mana Devi And 2 Ors. - Respondent
D.B. Civil Spl. Appeal No. 64 of 1997 alongwith 2 other similar spl. Appeal Nos. 65 & 72 of 1997.
Decided On : 29-10-2002
Advocates:
For the R.S.R.T.C.:Mr. B.S. Bhati, Advocate.
For the Claimant Ram Gopal:Mr. Shivnath Singh for Mr. Mridul Jain, Advocate.
Headnote:
Motor Vehicles Act, 1988, Section 173 - Accident caused permanent disablement and complete incapacitation of present claimant to do anything – Compensation amount of Rs. 1,00,000/- awarded by Single Judge – Special Appeal filed before Division Bench for enhancement of compensation amount – Appeal allowed and amount increased to Rs. 4,00,000/- alongwith interest @9% p.a. from the date of application till realization.
JUDGMENT
1. - These three appeals arise out of common judgment passed in S.B. Civil Misc. Appeal Nos. 271/1991, 272/1991, 232/1991 and 244/1991 filed by respective claimants whereby the learned Single Judge by his judgment dated 12.8.1996 modified the awards dated 8.4.1991 passed by Motor Accident Claims Tribunal (District Judge), Churu (hereinafter referred to as 'the Tribunal'). Aggrieved by the judgment of the learned Single Judge, Rajasthan State Road Transport Corporation (hereinafter referred to as 'the R.S.R.T.C) filed three D.B. Special Appeal (Civil) Nos. 62/1997, 64/1997 and 65/1997. The claimant Ram Gopal has filed D.B. Special Appeal (Civil) No. 72/1997 seeking enhancement of compensation.
2. We have heard learned Counsels for the parties and carefully gone through the record of the case as well as the judgments passed by the Tribunal and the learned Single Judge.
3. On careful consideration of the material on record, we do not find any error in the conclusion reached by the learned Single Judge holding the bus driver negligent for the accident in question. We have perused the statements of A.W. 1 Sanwar Mai and A.W. 2 Naresh Kumar. These witnesses are the eye-witnesses of the occurrence, who were occupants of the jeep which was hit by the bus owned by R.S.R.T.C. On 10.7.1986 A.W. 1 Sanwar Mal, A.W. 2 Naresh Kumar, A.W. 3 Ram Gopal, Ramesh Kumar, Phool Chand, Virendra Kumar and Hari Prakash @ Munna were travelling in Jeep No. RRT 6961 from Madhopur to Bikaner. When the said jeep was plying on Fatehpur-Ratangarh Road, at about 5.30 a.m., bus No RNE 9886 owned by the R.S.R.T.C. came from opposite direction being driven at a great speed, rashly and negligently by its driver second respondent Sanwal Singh, hit the jeep. Due to this accident, the jeep was completely damaged and the occupants of the jeep, namely, Ramesh Kumar, Phool Chand, Virendra Kumar and Hari Prakash @ Munna sustained fatal injuries. They succumbed to the injuries and A.W. 3 Ram Gopal (appellant in D.B. Special Appeal (Civil) No. 72/1997) sustained as many as five injuries on the right hand, skull and nose etc. The injury oil the right hand resulted in amputation of the right hand from above elbow. The testimony of the eye-witnesses is consistent to the effect that the jeep was driven at a moderate speed on its correct side of road whereas the bus suddenly swerved to wrong side of the road coming from the opposite direction at a great speed and dashed against the jeep. The jeep was thrown about 70 to 80 feet away after it was hit by the bus. The eye-witnesses are consistent on the point that the said accident took place before the bus had crossed the railway level crossing. The learned Single Judge on re-appreciation of the evidence on record, came to the conclusion that the finding recorded on the point of negligence by the Tribunal was based on extraneous or inadmissible evidence. From the pleadings, oral as well as documentary evidence, it is clear that the accident in question took place before the bus had crossed the railway level crossing and not after having crossed the railway crossing as contended by the learned Counsel for the R.S.R.T.C. The Tribunal based its finding mainly on the site inspection map which, according to it, was incomplete but even then the Tribunal chose to rely upon such an incomplete document. More so, the said map has not been proved by the author of the document or its Motbirs. The learned Single Judge rightly held this document to be inadmissible in evidence while reversing the finding of the Tribunal on the point of negligence. The Tribunal has altogether ignored the testimony of three eye-witnesses, who sustained injuries due to the very accident. A.W. 3 Ram Gopal has proved the injuries which he sustained in the said accident. A.W. 1 Sanwar Mai had lodged the F.I.R. of the said accident promptly with the police. His evidence was not believed by the Tribunal because he failed to produce the injury report for the injur
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