JUDGEMENT
Mahesh Chandra Sharma, J. -
(1.)THIS appeal has been filed against one judgment and award passed by MACT. Brief facts of the case are that on 4.5.2004 in the afternoon at around 2.00 -2.15 PM, Kumari Priti was returning to her house after easing out and as soon as she was crossing the road, the driver of RSRTC bus No. RJ 34/P -0085 drove the bus rashly and negligently and hit Kumari Priti, due to which she died at the spot.
(2.)THEREAFTER FIR was lodged, claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 2,25,000/ - in favour of claimants and against the non -claimants.
Rsrtc has filed the aforesaid appeal challenging quantum of compensation.
(3.)LEARNED counsel for the RSRTC has contended that the learned Tribunal has committed a grave error in not considering the objections raised by the RSRTC properly. The impugned award is contrary to the evidence and material available on record. He has further contended that the accident had not taken place by bus No. RJ -34/P -005 and both the witnesses produced by the claimants AW -1 Nirbal Singh, who is father of the deceased and AW -2 Nahar Singh, who is known to the claimants were interested witnesses, while the learned Tribunal completely discarded the evidence of the driver of RSRTC bus, who categorically stated that on the date of the accident, he was plying the bus from Hindaun to Todabheem and at around 2.00 -2.15 PM, the bus was near Gajipur. The girl was collided with the back portion of the trolley of tractor and he took his bus ahead taking a side but the number of the bus was falsely given by the claimants. The learned Tribunal has failed to consider this aspect of the matter, hence the impugned judgment and award deserves to be quashed and set -aside.
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