SBCMA No.1548/2007 Chief Manager, RSRTC, Bhilwara Vs. Ramchandra & Anr. 1 SBCMA No.1548/2007 Chief Manager, RSRTC, Bhilwara Vs. Ramchandra & Anr. DATE OF ORDER : - 19.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.LK Purohit, for the appellant. Mr.Vinay Jainm, for the respondent. <><><> Heard learned counsel for the parties. The appellant is aggrieved against the award dated 27.1.2007 by which the Motor Accident Claims Tribunal, Bhilwara – Addl. District Judge in claim case no.263/2004 awarded compensation of Rs.53,000/- to the victim. According to learned counsel for the appellant, the tribunal has committed error of law by holding the appellant's driver guilty for driving the bus rashly and negligently. According to learned counsel for the appellant in fact no accident was caused by appellant's driver by the bus of the appellant and in fact, the tractor turn round and fell down and because of that reason, the claimant suffered injuries. It is also submitted that the compensation awarded to the claimant is excessive. SBCMA No.1548/2007 Chief Manager, RSRTC, Bhilwara Vs. Ramchandra & Anr. 2 I considered the submissions of learned counsel for the parties and perused the record. The claimant gave his statement as AW-1 and he clearly stated that he suffered injury because of the accident caused by the appellant's driver by driving the appellant's bus and by hitting it to tractor. The claimant produced the copy of the FIR and other relevant documents in support of his claim. This statement of the claimant was believed by the Motor Accident Claims Tribunal. The defence witness Shahbuddin stated that no accident was caused by the bus. However, he admitted in cross-examination that independent agency investigated the matter and filed the challan against him and also admitted that his vehicle was seized in the said criminal case and in the seizure memo, name of driver was shown it was of his. In view of the above reason, the claimant's evidence was corroborated by the documentary evidence whereas non-applicant's-appellant's evidence was self-contradicted by the documentary evidence, therefore, the tribunal rightly held that accident was caused by the bus of the SBCMA No.1548/2007 Chief Manager, RSRTC, Bhilwara Vs. Ramchandra & Anr. 3 appellant. So far as quantum is concerned, it is clear from the facts of the case that claimant suffered injuries and those injuries were proved by the disability certificate Ex.13. In view of the above, the award of compensation of Rs.53,000/- cannot be said to be excessive in any manner. There is no merit in the appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-