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NUPUR BHATI
Rajasthan State Road Transport Corporation, through Chief Manager – Appellant
Versus
Banshilal, S/o. Shri Moolaji – Respondent
JUDGMENT :
(Nupur Bhati, J.)
1. The instant misc. appeal has been filed by appellant/non-claimant No.1 viz. Rajasthan State Road Transport Corporation (‘Corporation’) under Section 173 of the M.V. Act, 1988 assailing the judgment and award dated 02.06.2016 passed by learned Judge, Motor Accident Claims Tribunal, Bhilwara (‘Tribunal’) in MAC Case No.21/2013, whereby the learned Tribunal has partly allowed the claim petition and awarded compensation in favour of respondents/claimants to the tune of Rs.3,30,000/- on account of untimely death of Ms. Krishna (deceased), who lost her life in the accident, which took place on 06.10.2012.
2. Briefly, stated the facts of the case are that the respondents/ claimants filed claim petition under Section 166 of the M.V. Act, 1988 claiming compensation on account of death of their daughter, Ms. Krishna, who was one and half years old at the time of accident. In the claim petition, it was inter-alia stated that on 06.10.2012 the daughter of the claimants along with claimant No.2, Indra, was travelling in Roadways Bus owned by non-claimant No.1 bearing registration number RJ-14-PB-0566. The aforesaid Bus was being plied by its driver i.e. non-claiman
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.
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 judgment reinforces the principle that claimants must provide sufficient evidence to establish negligence and income for compensation under the Motor Vehicle Act.
The court affirmed the principles of negligence and contributory negligence in motor vehicle accident claims, validating the compensation awarded by the Tribunal.
There is nothing sufficient enough to interfere in the order passed in M.C.O.P. on file of Motor Accidents Claims Tribunal /District Judge
The main legal point established in the judgment is the determination of liability under the Motor Vehicles Act, 1988, the assessment of quantum of compensation, and the application of legal principl....
The claimant must establish negligence for a successful claim under Section 166 of the M.V. Act, and the Tribunal's reliance on insufficient evidence can lead to erroneous judgments.
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