Mahesh Chandra Sharma, J.:— The instant appeal has been filed against the impugned judgment and award dated 5.12.2005 passed by the Judge, MACT, Chomu, Distt. Jaipur.
2. Brief facts of the case are that on 3.6.2003 at 10.15 pm Rajendra Prasad was coming in Bus No. RJ-07P-2151 towards Chomu. As soon as the bus reached at P.S-Circle, near Petrol Pump, Chomu, a Truck No. HR-55A-7729 going from Chomu towards Jaipur came at high speed, the driver of this truck no. HR-55A-7729 was driving it in rash and negligent manner and hit the bus No. RJ-07-2151 forcibly, caused accident as a result of which, Rajendra Prasad sustained severe injuries on various parts of his body and he succumbed to injuries on the spot. With regard to the aforesaid accident, a claim petition was filed on behalf of the claimant/s claiming compensation as mentioned therein.
3. Notices were issued to the opposite parties. Reply to the claim petition was filed and the learned Tribunal framed the issues. After hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment & award dated 5.12.2005
4. Against the impugned judgment and award dated 5.12.2005, the appellant preferred the instant appeal for the relief as prayed for in it.
5. Learned counsel for the appellant has contended that the learned Tribunal has failed to appreciate each and every aspect of the matter as also the evidence available on record. The award passed by the learned Tribunal is illegal, without jurisdiction and contrary to the facts of the case. Hence impugned award deserves to be modified.
6. On the other hand, learned counsel for the respondents has opposed the submissions advanced on behalf of appellant and requested for maintaining the award.
7. I have heard learned counsel for the parties and perused the impugned judgment and award dated 5.12.2005 I am in agreement with the findings arrived at by the learned Tribunal, which are reproduced as under:
8. Looking to the facts and circumstances of the case and the findings arrived at by learned Tribunal as quoted herein above, the learned Tribunal is found to have dealt with each and every aspect of the matter, and has rightly passed the impugned judgment and award. I am in unison with the findings arrived at by the learned Tribunal. Hence, I do not think it just and proper to interfere with the impugned award dated 5.12.2005 passed by the Tribunal, and thus the appeal having no force, is hereby dismissed after confirming the judgment and award dated 5.12.2005 passed by the learned Tribunal.