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NUPUR BHATI
Chief Manager, Rajasthan State Road Transport Corporation Barmer Depot – Appellant
Versus
Parvati, W/o. Late Shri Laduram – Respondent
JUDGMENT :
Nupur Bhati, J.
1. This common judgment governs disposal of misc. appeals preferred by appellant/non-claimant Rajasthan State Road Transport Corporation (hereinafter, referred to as ‘Corporation’) and appellants/claimants under Section 173 of the M.V. Act, 1988 against the judgment and award dated 05.01.2018 passed by learned Judge, Motor Accident Claims Tribunal, Barmer in MAC Case No.254/2013, whereby the learned Tribunal has awarded compensation of Rs.5,66,860/- in favour of claimants. The liability of satisfying the award was fastened upon non-claimants No.2 and 3 and the non-claimant No.1 i.e. driver of the offending bus was exonerated.
2. Briefly stated, the facts of the case are that the claimants filed claim petition claiming compensation of Rs.42,32,500/- on account of death of their sole breadwinner, late Sh. Laduram, who lost his life in the accident. In the claim petition filed under Section 166 of the M.V. Act, 1988 that on 13.06.2012, in the morning at 11:00 am, Laduram was travelling in Roadways Bus (RJ-04-PA-1764) from Barmer to Baytu. In the said bus, deceased Laduram was standing on the gate of bus and when the said bus near Uttarlai, deceased fell down fr
The judgment reinforces the principle that claimants must provide sufficient evidence to establish negligence and income for compensation under the Motor Vehicle Act.
The court upheld the Tribunal's decision, affirming that the driver was solely negligent, and the deceased, being a minor, bore no responsibility for the accident.
The court upheld the Tribunal's decision attributing sole negligence to the bus driver for the accident resulting in the minor's death, dismissing claims of contributory negligence.
Compensation in motor vehicle accident cases must be substantiated by evidence, and established legal guidelines should be followed for accurate assessment.
The court affirmed the principles of negligence and contributory negligence in motor vehicle accident claims, validating the compensation awarded by the Tribunal.
Compensation in motor vehicle accident cases must be substantiated by evidence, and established guidelines should be followed for calculating loss of income and damages.
Compensation for wrongful death must consider future prospects and appropriate deductions based on the number of dependents.
The court ruled that negligence was proven in a motor vehicle accident, requiring compensation to reflect just and fair standards, resulting in an increased award from the Tribunal.
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