JUDGMENT

Pushpendra Singh Bhati, J. - Learned counsel for the appellant-RSRTC prays that the service upon respondent No.5 may be dispensed with at the risk and cost of the appellant.

2. On such prayer, the service upon respondent No.5 is dispensed with at the risk and cost of the appellant-RSRTC.

3. With the consent of learned counsel for the parties, the matter has been heard finally.

4. Appellant-Rsrtc has preferred the present appeal under Section 173 of the Motor Vehicles Act, claiming the following relief:-

"It is, therefore, most respectfully prayed that the appeal of the appellant may kindly be allowed and the impugned judgment and award dated 27.07.2007 passed by the learned Motor Accident Claims Tribunal, Nathdwara may kindly be quashed and set aside. The claim petition of the respondents / claimants may kindly be dismissed.

In the alternate, if this Hon'ble Court comes to the conclusion that driver of the Corporation vehicle has contributed in the accident, then his contribution may kindly be assessed on the basis of evidence on record and compensation awarded may kindly be reduced accordingly."

5. The unfortunate accident happened on 07.12.2005 at about 2.45 P.M. on National