S.B.Civil Misc. Appeal No 1383/08 RSRTC v. Smt. Mangu Devi & ors. 1 S.B.Civil Misc. Appeal No 1383/2008 RSRTC through General Manager vs. Smt. Mangu Devi & ors. Date of Order: 25.9.2008. PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr. Anil Bachhawat for the appellant. Mr. Surendra Surana for respondent no.1. ... Heard learned counsel for the parties. The appellant is aggrieved against the order dated 1.7.2008 passed by the learned Motor Accidents Claims Tribunal (Addl.District Judge, Fast Track), Abu Road in claim case no.115/2004, by which the learned tribunal has awarded compensation of Rs. 4,11,649/- in total to the claimant on account of death of one railway employee, who was of the age of 51 years and was earning salary of Rs.6969/- per month at the time of death. According to the learned counsel for the appellant, the learned tribunal has committed serious error of law in holding that the accident was caused by the rash and negligent driving of the appellant's driver. The appellant produced witness who was travelling in the bus and he (NAW-1- Naresh Mangla) clearly stated that the bus was going on right side and a person on a moped came and he was trembling and he collied with the bus and fell down. In view of the above, it was at least a case of contributory negligence. S.B.Civil Misc. Appeal No 1383/08 RSRTC v. Smt. Mangu Devi & ors. 2 I considered the submissions of the learned counsel for the appellant. It is is not in dispute that the claimant stated that it was the accident caused by the driver of the appellant by driving the bus rashly and negligently. In the police investigation, the site was inspected and the challan was filed against the driver of the appellant. That itself may not be sufficient, but looking to the fact that the accident has been admitted by the appellant and they failed to produce any other independent witness to contradict and rebut the evidence produced by the claimant which includes the police papers and there is no reason to believe that that the investigation was not fair. From the site report Ex.P.3, it is clear that the person on the moped was going on his right side whereas the bus came to wrong side and hit the moped. In view of the above reason, I do not find any merit in this appeal. Hence the appeal of the appellant is hereby dismissed. (PRAKASH TATIA),J. mlt