Depot Manager R S R T C vs Abdul Qayyum And Anr

The instant appeal has been preferred by the R.S.R.T.C. claiming the following relief :-

“It is, therefore, most respectfully prayed that this appeal may be allowed and the impugned judgment and award-dated 05.01.2001 in claim case

no. 223/1995 passed by Learned MACT Hanumangarh, may kindly be set-aside and it may be held that the accident did not take place due to rash

and negligent driving on the part of the driver of the appellant. In the alternative, it may be held that the accident took place due to contributory

negligence of the driver of the truck. Further in the alternative the amount of compensation may be reduced suitably.â€​

The unfortunate accident happened on 17.12.1994 when Roadways Bus bearing registration no.RJ 2-P-0348 collided with standing truck bearing

registration No.RSK-9295 and damaged the truck. The learned Tribunal has awarded a sum of Rs.22,750/- as compensation for the damages to the

truck in question.

Learned counsel for appellant RSRTC vehemently submitted that the award amount is excessive.

After hearing learned counsel for the appellant and after perusing the record of the case, this Court is of the opinion that the learned Tribunal has

awarded a just compensation after taking into account the details of the repairs and so also, the fact that the truck was standing while the bus came

and collided with the truck. This Court finds that the award passed by the learned Tribunal is strictly in accordance with law and does not call for any

interference by this court at this stage.

Consequently, the appeal is dismissed. All pending applications also stand dismissed.