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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR
Pepsu Road Transport Corporation, Through Its Managing Director – Appellant
Versus
Magan Lal @ Tigor, S/o. Sh. Mangi Lal – Respondent
JUDGMENT :
VINIT KUMAR MATHUR, J.
S.B. Civil Misc. Appeal No. 490/2001:-
1. Heard learned counsel for the appellant-Pepsu Road Transport Corporation.
2. Nobody is present on behalf of the respondent/claimant- Magan Lal.
3. The present appeal has been filed by the appellant- Pepsu Road Transport Corporation against the judgment and award dated 05.01.2001 passed by the learned Motor Accident Claims Tribunal, Bikaner (for short ‘learned Tribunal’) in M.A.C.T. Case No.41/1997, whereby, the learned tribunal while allowing the claim application filed by the claimant- Magan Lal held the appellant-Pepsu Road Transport Corporation liable to pay 50% of the awarded amount.
4. Briefly noted the facts in the present appeal is that the respondent/claimant- Magan Lal while driving on his moped (bike) met with an accident on 23.12.1995 with a bus bearing registration No.PB 11/C 9570 belonging to the appellant- Pepsu Road Transport Corporation, which was coming from the side of Bhagat Singh Chowk. In the said accident, the respondent/claimant Magan Lal sustained multiple injuries, for which he was treated at PBM Hospital, Bikaner. On account of the injuries suffered in the accident, the respondent/claima
The main legal point established in the judgment is the determination of liability in a motor vehicle accident case based on the correct side of the road for driving and the application of factors fo....
The Tribunal's findings on negligence of the bus driver and the criteria for calculating compensation were upheld, emphasizing the need for just remuneration as mandated by legal principles governing....
The court confirmed the Tribunal's findings of negligence by the bus driver and upheld the compensation awarded to the injured claimants, emphasizing the reasonable assessment of damages.
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