IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : Rajasthan State Road Transport Corporation Versus Smt. Ramba Devi & Others (S.B. Civil Misc. Appeal No.1193/2010) DATE OF JUDGMENT : November 24, 2010 P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. P.K. Lohra/Mr. Nitin Ojha for the appellant. BY THE COURT : Instant appeal has been filed by the Rajasthan State Road Transport Corporation, Abu Road Depot through its Chief Manager under Section 173 of the Motor Vehicles Act, 1988, in which, award dated 30.07.2010 passed by Motor Accident Claims Tribunal, Sirohi in MAC Case No.194/2008 has been challenged. As per facts of the case, husband of claimant- respondent No.1, Sohan Lal died in an accident which took place on 03.09.2008 when late Sohanlal was travelling in an Indica car bearing No.RJ-19/1C/9107 from village Posaliya to Sirohi to purchase ticket for going to undertake B.Ed. training. When the said car, in which Sohanlal was sitting, reached near the border of Sirohi, Roadways bus bearing No.RJ-24/P/1546, which was being driven rashly and negligently by its driver, while coming from the opposite direction, hit the Indica car and, in the said accident, Sohanlal sustained serious injuries, therefore, he 2 was take to Government Hospital, Sirohi for treatment where he succumbed to the injuries. For the said accident, FIR was registered at Police Station Palari (M). In the claim petition, it was stated that deceased was 23 years old and he was earning Rs.5,000/- while he was working in A.B.C. Upper Primary School, Arathwada as teacher and, at the same time, doing agriculture work. As per claimants, deceased was the sole bread-earner for the family and he died due to rash and negligent driving of the Roadways bus by its driver, therefore, they are entitled to compensation of Rs.37,61,000/-. Learned Tribunal, after due trial, while assessing the income of the deceased as Rs.1500/- per month and determining the age of the deceased as 23 years, granted compensation applying multiplier of 18. As such the Tribunal granted compensation for loss of income to the tune of Rs.3,24,000/- and while further granting other amounts under different heads, in all, awarded compensation of Rs.3,57,500/-. Learned counsel for the appellant vehemently argued that plea raised by the appellant with regard to contributory negligence was not considered properly by the Tribunal, therefore, the award in question is erroneous. Further, it is stated that compensation has wrongly been awarded by the Tribunal while holding the Roadways responsible for the accident, therefore, the judgment/award impugned deserves to be quashed and set aside. 3 After taking into consideration, the arguments advanced by learned counsel for the appellant and perusing impugned award, I am of the opinion that issue-wise finding is based upon sound consideration of evidence, so also, on the ground that appellant Corporation does not dispute the accident and age of the deceased and has challenged the award on the ground of contributory negligence; learned trial Court after discussing and appreciating entire evidence gave finding that it is not a case of contributory negligence because occurrence took place due to rash and negligent driving of the driver of Roadways bus. Therefore, there is no substance in the aforesaid plea of the appellant. In this view of the matter, I see no reason to interfere in the award impugned. Consequently, this appeal is hereby dismissed. (Gopal Krishan Vyas) J. Ojha, a.