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NUPUR BHATI
Rajasthan State Road Transport Corporation, through its Chief Manager – Appellant
Versus
Dhulji, S/o. Shri Dhana – Respondent
JUDGMENT :
(Nupur Bhati, J.)
1. The instant misc. appeal has been filed by appellants/non-claimants viz. Rajasthan State Road Transport Corporation (‘Corporation’) under Section 173 of the M.V. Act, 1988 assailing the judgment and award dated 01.06.2004 passed by learned Judge, Motor Accident Claims Tribunal, Banswara (‘Tribunal’) in MAC Case No.119/2001, whereby the learned Tribunal has partly allowed the claim petition and awarded compensation in favour of respondents/claimants to the tune of Rs.1,00,000/- on account of untimely death of Ms. Rekha (deceased), who lost her life in the accident, which took place on 19.05.2001.
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. Rekha. In the claim petition, it was inter-alia stated that while their daughter Ms. Rekha was standing outside their house, the driver of the offending Bus bearing registration number RJ-27-P-2338 drove the Bus rashly and negligently & hit Ms. Rekha, as a result of which she sustained injuries and she died during treatment. The respondents No.1 & 2/claimants t
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.
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 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.
The judgment establishes that contributory negligence can reduce the liability of the party at fault in motor vehicle accidents.
The appellate court must ensure just compensation is awarded, overriding findings of contributory negligence unless clearly evidenced otherwise, affirming courts' obligation to award fair compensatio....
The main legal point established is the application of the concept of composite negligence in determining liability for compensation in road accidents.
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