1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL MISC. APPEAL NO.1181/04 RSRTC vs. Om Prakash & Anr. Date of order : 29/4/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vishweshwar Gupta for Shri Virendra Agrawal for the appellant. Shri Govind Choudhary ) Shri Mahesh Sharma ) for the respondents. ****** Heard learned counsel for the parties. This appeal has been preferred by Rajasthan State Road Transport Corporation against the award of compensation to respondent no.1 Gurmel Singh in the sum of Rs.55,000/- for permanent disablement of 10% sustained by him in a road accident involving the bus owned by the appellant. Shri Vishweshwar Gupta, learned counsel for the appellant has argued that the learned Tribunal has failed to correctly appreciate the evidence on record particularly the statement of driver Gurmel Singh. The affidavit of Manik Chand was also produced in evidence. In view of the evidence, it could not be said that the accident occurred due to the sole negligence 2 of driver Gurmel Singh. It was argued that basic principle of law is that the owner of vehicle is vicariously liable for compensation on account of negligence of his employee under the law of torts, but when it is established by cogent and reliable evidence that there was no negligence on the part of the driver, such a conclusion could not have been arrived at by the Tribunal. The findings of the Tribunal suffer from perversity requiring the interference of this Court. Shri Govind Choudhary and Shri Mahesh Sharma, learned counsel for the respondents opposed the appeal and submitted that the Tribunal has analyzed the evidence in just and correct manner and has rightly recorded the finding of negligence on the part of the driver of the appellant on Issue no.1 and 2. The award does not suffer from any infirmity. The appeal be therefore dismissed. Having heard the learned counsel for the parties and perused the impugned order, I find that the Tribunal on Issue no.1 and 2 has recorded a finding that while the 3 injured was boarding the bus, its driver suddenly started the bus even when the door of the bus was still open and due to that the door of the bus was hit by the trolley passing by, which resulted into the injury caused to the respondent. Bus Conductor Gurmel Singh, in his cross examination has admitted that challan in the criminal case was filed against the driver of the bus by police after investigation. In view of the evidence that was adduced before the Tribunal and the findings which have been recorded by the Tribunal on the basis of appreciation of such evidence, no fault can be found with the approach taken by the Tribunal. I therefore do not find any merit in this appeal, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/