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2024 Supreme(Raj) 682

NARENDRA SINGH DHADDHA
Chairman, Rajasthan State Road Transport Corporation – Appellant
Versus
Premlata Devi, W/o. Tara Chand Sharma – Respondent


Advocates Appeared:
For the Appellant : Mr. S.C. Mittal.
For the Respondent: Mr. Gajender Sharma.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant appeals have arisen out of the judgment and award dated 07.12.2016 passed by the Motor Accident Claims Tribunal, Sikar (for short ‘the Tribunal’) in Claim Case No.1187/2013 titled as “Premlata Devi & Ors. Vs. Chairman, RSRTC & Ors.”, whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.7,41,042/- along with interest @ 7% per annum as compensation from the date of filing of the claim petition in favour of the respondent Nos.1 to 6-claimants (for short’ the claimants’).

2. CMA No.694/2017 has been filed by the appellants-RSRTC (for short ‘the RSRTC’) challenging the judgment & award passed by the Tribunal on the various grounds, whereas CMA No.767/2017 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal.

3. S.B. Civil Miscellaneous Appeal No. 694/2017:- Learned counsel for the RSRTC submits that the Tribunal has committed error in holding that the accident caused due to negligent and rash driving by the driver of the bus. Learned counsel for the RSRTC also submits that in FIR (Ex.1), neither the number of bus nor the fact that the accident was caused by roadways

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