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ASHUTOSH KUMAR
Rajasthan State Road Transport Corporation – Appellant
Versus
Kaluram Yadav – Respondent
ORDER :
(Ashutosh Kumar, J.)
The instant appeal has been filed by the appellant - Rajasthan State Road Transport Corporation (for short 'RSRTC') under Section 173 of the MOTOR VEHICLES ACT , 1973 against the judgment and award dated 10.06.2009 passed by Judge, Special Court (Communal Riots/Motor Accident Claim Tribunal), Jaipur (hereinafter referred to as the 'Tribunal') in MACT Case No.537/2008 (520/2005), whereby the learned Tribunal has partly allowed the claim petition filed by the respondent No.1 - Kaluram (hereinafter referred to as the 'claimant') and awarded a compensation of Rs.1,65,000/- in favour of the claimant.
2. Brief facts relevant for the present purposes are that Moolchand, brother of the claimant (Kaluram) submitted a written complaint before SHO, Sadar, Sanganer stating therein that his brother - Kaluram was going on his motorcycle bearing registration No.RJ-14-51M-0013 to Sanagner on 12.11.2004 at 4.30 p.m. A Roadways Bus bearing registration No.RJ-14-P-6727 came from the opposite side in a rash and negligent manner and collided with the motorcycle of his brother, due to which his brother sustained serious injuries. Soon after the accident Kaluram was admitted
The preponderance of probabilities in MACT cases and the prima facie inference of rash and negligent driving in a criminal case against the driver influenced the court's decision.
The court highlighted the necessity of accurate injury assessment and impact of negligence in determining compensation, ultimately reflecting on the principles of just and reasonable award for damage....
The appellant's negligence precluded compensation in the motor vehicle accident claim.
The presumption of guilt of the driver of the offending vehicle if a charge sheet is filed after investigation, and the shift of burden of proof to the appellant to prove the claimant's negligence.
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