The main legal point established in the judgment is the determination of liability in a motor vehicle accident case based on the correct side of the road for driving and the application of factors for calculating compensation.

JUDGMENT

Vinit Kumar Mathur, J. - The present appeal has been preferred by the appellant - Rajasthan State Road Transport Corporation assailing the validity and legality of the Judgment & Award dated 01.10.2018 passed by the Judge, Family Court, Banswara in M.A.C. Case Nos. 93/2017 (Old No. 219/2014) (Kaliya & ors. Vs. Manager, RSRTC & ors.) vide which the Tribunal partly allowed the claim petition awarding a sum of Rs. 6,53,340/- as compensation in favour of the respondents-claimants on account of death of deceased Dinesh in the accident which occurred on 14.03.2014.

2. The facts of the case in short are that on 14.03.2014 in the morning at 10.00 A.M., one Dinesh along with Mohan and Narayan was coming from Ganoda to Banswara on the motor-cycle bearing Registration No. RJ-12-SB-6126. When they reached near the Bhuwasa Bus Stand, the non-claimant No. 5 - Banshilal Meena, the driver of the roadways bus bearing Registration No. RJ-22-PA2896 plying it rashly, negligently and at high speed, hit their motor-cycle, due to which Dinesh, Narayan & Mohan sustained grievous injuries. On account of said injuries, Dinesh died while undergoing treatment on 14.03.2014. In these circumstances, the respondents-claimants being legal representatives of the deceased Dinesh preferred the claim petition before the Tribunal claiming compensation under various heads from the appellant - Corporation.

3. The Tribunal after framing the issues, evaluating the evidence on record and hearing the arguments of the parties, passed the Judgment & Award dated 01.10.2018 partly allowing the claim petition. Hence, the present appeal has been preferred by the appellant - Corporation before this Court.

4. Heard learned counsel for the parties.

5. Learned counsel for the appellants submits that the findings recorded by the Tribunal on Issue No. 1 are laconic and totally non-speaking. He further submits that the Tribunal has not appreciated the evidence on record and thus, has erred while recording the finding that the driver of the appellant's bus was only responsible for the accident in the present case. Learned counsel further submits that the amount of compensation awarded by the Tribunal in favour of the respondents-claimants on account of death of the deceased Dinesh in the accident occurred in the present case is quite excessive and the same is required to be suitably reduced.

6. Per contra, learned counsel for the respondents-claimants while supporting the findings recorded by the Tribunal on Issue No. 1 submits that in light of the testimony of the injured Mohan and Narayan, the liability to satisfy the award has rightly been fastened by the Tribunal upon the appellant - Corporation in this case. He further submits that the motor-cycle was being driven on its correct side and because of the rash and negligent driving of the bus, the accident occurred in the present case and therefore, the findings recorded by the Tribunal on Issue No. 1 do not suffer from any infirmity. He further submits that the amount of compensation awarded by the Tribunal is 'just compensation' in the present case as the correct factors of multiplier have been applied by the Tribunal while calculating the award in the present case. He, therefore, prays that the appeal of the appellantCorporation may be dismissed.

7. I have considered the rival submissions of the parties and gone through the judgment and award impugned as well as other relevant documents.

8. A perusal of the judgment and award impugned shows that the findings recorded by the Tribunal qua Issue No. 1 are totally unreasoned as the Tribunal has not taken into consideration the evidence produced before it minutely. The Tribunal has merely stated that since the court of competent criminal jurisdiction has proceeded against the driver of the appellant's bus pursuant to the charge-sheet filed against him, therefore, the bus was being driven rashly and negligently.

9. For better appreciation of facts, this Court has gone through the sit