RAMESHWAR VYAS
Rajasthan State Road Transport Corporation Through Chief Manager – Appellant
Versus
Pawan Kumar – Respondent
JUDGMENT
Rameshwar Vyas, J. - The instant appeal under Section 173 of Motor Vehicles Act, 1988 has been filed by the Rajasthan State Road Transport Corporation (Afterwards referred to as 'RSRTC') for setting aside the award dated 1.3.2019 passed by the Motor Accident Claims Tribunal, Nohar in Motor Accident Claim Case No.17/2017 titled Pawan Kumar & Ors. vs. RSRTC & Anr.
2. Brief facts of the case are as under:-
3. Deceased Prabhat died in a road accident on 1.2.2016. He was driver of the Pick-up bearing Registration No. RJ07-G-6924. He was going from Thaladka to Nohar. Roadways Bus bearing Registration No. RJ22-PA-1297 driven by Mahaveer Prasad, rashly and negligently, hit the Pick-up. As a result of which, Prabhat sustained injuries and died on the spot.
4. Deceased was aged 28 years and was sole owner of the Departmental Store and earning Rs.30,000/- per month. Claimants claimed Rs.2,12,64,000/- with interest @ 18% from the driver and owner of the Bus, RSRTC.
5. During trial, Rekha wife of the deceased AW-1, eyewitness Madan Lal AW-2, Pawan Kumar AW-3 and father of the deceased Pawan Kumar AW4, were produced on behalf of the claimants. Driver and conductor of the Bus Mahaveer Prasad
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