CMA No.593/98 - Managing Director & Anr. Vs. Akhtar & Anr. Judgment dt.26.11.09 1/2 S.B. CIVIL MISC. APPEAL NO.593/1998 Managing Director & Anr. Vs. Akhtar & Anr. Date of order : 26th November, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr.Vipin Pandia for Mr.V.K. Mathur for the appellant-non-claimants. ------- 1. Heard learned counsel. 2. This appeal is filed by the R.S.R.T.C., owner of the vehicle being aggrieved of the award of MACT, Bikaner dated 7th May, 1998 deciding claim case No.75/1993. 3. In the accident which took place on 30.8.1992 when the bus of R.S.R.T.C.. hit a camel cart on which the claimant Akthar was riding, he fell down and suffered injuries including fractures which resulted in permanent disability. 4. The claim was filed by the claimants to the extent of Rs.1,72,000/-. 5. The learned Tribunal after discussing the entire evidence decided the issue No.1 as to rash and negligent driving of the bus of R.S.T.C. by the driver in favour of the claimants and proceeded to CMA No.593/98 - Managing Director & Anr. Vs. Akhtar & Anr. Judgment dt.26.11.09 2/2 determine the compensation after discussing the relevant evidence awarded the compensation of Rs.38,820/-. 6. Having perused the reasons given by the learned Tribunal and record of the case, this Court is satisfied that there is no force in the present appeal filed by the owner of the vehicle, R.S.R.T.C. as finding of accident are based on relevant evidence and cannot be said to be perverse in any manner. As far as quantum of compensation is concerned also this Court is satisfied that the quantum of compensation is just and reasonable and does not call for any reduction at the instance of the appellant-R.S.R.T.C. 7. Consequently, this court finds no force in the appeal of the appellant-owner of the vehicle. The same is hereby dismissed. No costs. Copy of this judgment be sent to the opposite parties. [ DR. VINEET KOTHARI ], J. item No.32 babulal/