Kanta Pareek and Others vs Poonam and Others

M.C. Sharma, J—The application filed under Sec. 5 of Limitation Act is allowed. Delay is condoned. The instant appeals have been filed against the common impugned judgment and award Dt. 25.6.2014 passed by the learned Addl. Distt. & Sessions Judge No. 16, Jaipur Metropolitan-cum-Judge, Motor Accident Claims Tribunal, Jaipur Metropolitan, Jaipur.

Brief facts of the case are that on 28.6.2004 when the injured-claimant was traveling in bus No. RJ-01-P-1964 being driven by Poonam Chand under the employment of RSRTC, she sustained injuries in the road accident with regard to the aforesaid accident, a claim petition was filed on behalf of the claimant/s claiming compensation as mentioned therein.

Notices were issued to the opposite parties. Reply to the claim petition was filed and the learned Tribunal framed the issues. After hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment & award Dt. 25.6.2014.

Against the impugned judgment and award Dt. 25.6.2014, the appellant-claimants as also RSRTC separately preferred the instant appeals for the relief as prayed for in them.

Learned counsel for the appellant-claimant has contended that the learned Tribunal has failed to appreciate each and every aspect of the matter as also the evidence available on record. The award passed by the learned Tribunal is illegal, without jurisdiction and contrary to the facts of the case. The claimant was 51 years of age and she received permanent disability to the extent of 12.75%, therefore, impugned award deserves to be enhanced.

On the other hand, learned counsel for the respondent-RSRTC has opposed the submissions advanced on behalf of claimant-appellant and requested for setting aside of award.

I have heard learned counsel for the parties and perused the impugned judgment and award Dt. 25.6.2014. I am in agreement with the findings arrived at by the learned Tribunal, which are reproduced as under:

Looking to the facts and circumstances of the case and the findings arrived at by learned Tribunal as quoted herein above, the learned Tribunal is found to have dealt with each and every aspect of the matter, and has rightly passed the impugned judgment and award. I am in unison with the findings arrived at by the learned Tribunal. Hence, I do not think it just and proper to interfere with the impugned award Dt. 25.6.2014 passed by the Tribunal, and thus the appeals having no force, are hereby dismissed after confirming the judgment and award Dt. 25.6.2014 passed by the learned Tribunal.