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2015 Supreme(Raj) 1716

VINEET KOTHARI
Rajasthan State Road Transport Corporation – Appellant
Versus
Smt. Rahissa w/o Lt. Mushtaq – Respondent


For the Appellant-RSRTC:M.P. Goswami on behalf of Anil Bachhawat, Advocates.
For the Respondents-Claimants:Mahaveer Pareek, Advocate.

JUDGMENT

1. (Oral) - The Rajasthan State Road Transport Corporation (RSRTC), owner of the vehicle (Bus No.RJ 10 P 715) has filed the present appeal, aggrieved by the award of the learned Motor Accident Claims Tribunal, Churu dated 08.06.2000 in Claim Case No.99/99 (Rahisa & Ors. v. Antarsingh & Ors.) , awarding a sum of Rs. 3,36,400/- for the death of Mushtaq, aged 25 years, who was travelling in the said Bus No. RJ 10 P 715, and while disembarking from the said Bus with his brother Sher Mohammad, on account of sudden start of the said Bus by the driver, Antar Singh on the signal given by the Conductor, Badri Prasad, the said passenger Mushtaq got crushed by the rear tyre of the said Bus and suffered fatal injuries and died on his way to hospital.

2. The learned Tribunal gave findings about rash and negligent driving of the RSRTC Bus driver and compensation amount in the following manner:-

"5- bl fopkj fcUnq dks lkfcr djus dk Hkkj izkFkhZx.k ij gSA bl fopkj fcUnq ds ckcr ;g mYys[k djuk mfpr gksxk fd mij of.kZr foi{khx.k la[;k 2 o 3 }kjk izLrqr tckonkok esa iSjk uEcj 8 o 9 ds ckcr rFkk vfrfjDr dFku ds iSjk uEcj 11 esa vafdr IyhfMaxl ds vuqlkj ojoDr nq?kZVuk fookfnr cl dks cgSfl;r pky











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