Leave granted.
The appeal arises out of judgment and order passed by the High Court of Punjab & Haryana at Chandigarh in FAO No.862 of 1997
thereby dismissing the appeal filed by the claimants assailing the
award dated 8.1.1997 passed in M.A.C.T. No.18/1994.
The claimants preferred petition under section 166 of Motor
Vehicles Act on account of death of Mulakh Raj, aged 25 years, who
died in an accident involving Bus No.CH-01-G-5152. He boarded the
said bus from Una for Delhi. Near Kotli about 5 kms. before
Anandpur Sahib the bus dashed a stationary tractor trolley and
thereafter struck against a eucalyptus tree and turned turtle. It was
driven rashly and negligently by Gurlabh Singh, owned by
Chandigarh Transport Undertaking. The deceased was the sole bread
winner of the family, used to earn Rs.4552 per month, was a
Headmaster and in addition used to earn Rs.1000 per month from
agriculture.
The respondent driver contested the claim petition and
contended that the accident was not the outcome of rash and negligent
driving but due to a sudden breaking of belt of spring the accident
took place. He was not at fault.
The Transport Undertaking in a separate statement contended
JUDGMENTthat when the bus reached near village Solkhain, two scooterists came
from the opposite side. The scooter was driven rashly and negligently
and struck the bus on the driver side which was the cause of accident.
The accident did not take place due to fault of the bus driver.
The Motor Accidents Claims Tribunal came to the conclusion
that accident was caused due to sudden breaking of belts of springs for
which driver could not be said to be at fault. Under no fault liability a
sum of Rs.25,000 had been awarded to the claimants. The claim
petition was dismissed. The High Court has affirmed the award hence
the present appeal before us.
It was strenuously contended by learned counsel appearing on
behalf of the appellants that the courts below have erred in law in
dismissing the claim petition. Pleas totally at variance from each other
have been taken by the driver and Transport Undertaking in their reply
and the statement of mechanic that breaking of belt of springs can take
place in case brakes are applied all of a sudden, has been ignored. The
finding recorded by the courts below that the driver did not drive the
bus rashly and negligently is perverse and deserves to be set aside.
Suitable compensation be awarded.
JUDGMENT Learned counsel appearing on behalf of the respondents has
supported the award. It was contended that the accident took place due
to mechanical failure for which driver could not be said to be
responsible. In the absence of rash and negligent driving by the driver
of the bus liability has rightly not been fastened on the owner and
driver.
Having heard learned counsel for the parties at length, perusing
the evidence and the orders passed by the courts below we are of the
considered opinion that grave error of law has been committed while
arriving at the findings as to the method and manner in which accident
has taken place and as to rash and negligent driving of bus driver.
There is reliable evidence adduced on behalf of the claimants that the
bus was driven at high speed and it dashed firstly against the
stationary tractor parked below the road and thereafter it dashed
against the eucalyptus tree. The Transport Undertaking has taken
totally different plea that the scooterists came from the opposite side
and dashed against the driver’s side of the bus which was the cause of
accident. The driver has not taken the stand that any scooter was
involved in the accident. The pleas taken by the driver as well as the Transport Undertaking are totally at variance. It is clear that they have not come to the tribunal with clean hands. Even otherwise there is
nothing to doubt the version of the claimants and their witnesses that
the bus was driven rashly and negligently. Ram Kishan, PW-3, has
clearly stated that the bus was driven rashly and it came from Nangal
side and dashed the stationary tractor which was parked below the
road, and thereafter the bus dashed eucalyptus tree. He has clearly
stated that there were no pits around the place of occurrence. Whereas
the driver Gurlabh Singh has stated that the bus jumped and owing to
that belts of springs were broken, as such he lost control of the bus
and it struck with the eucalyptus tree. A bare perusal of the FIR
substantiates the plea of the claimants and not of the driver. Driver has
not pleaded in reply that due to road condition the bus jumped all of a
sudden, and has also suppressed the fact that the bus initially dashed a
stationary tractor. Thus the version of the driver is not reliable. When
we come to the statement of the mechanic he has categorically stated
that the belt of springs could have been broken in case brakes were
suddenly applied. Thus it appears that the bus driver drove the bus
rashly and negligently and initially dashed the stationary tractor and
then a eucalyptus tree. In that process due to application of brakes belt of springs was broken.JUDGMENTThe plea of Transport Undertaking that a scooterist was involved in the accident is totally a false plea and is not
supported by its driver. In the circumstances there is no escape from
the conclusion that the bus was driven in a rash and negligent manner
by its driver. Apart from that merely a mechanical failure is not
enough to exonerate the Transport Undertaking from its liability in the
absence of evidence being adduced that the vehicle was maintained
properly.
Coming to the question of compensation to be awarded the
claimants are the parents. Brothers could not be said to be dependent
on the earning of the deceased. Considering the fact that the deceased
was teaching in a school, in totality of facts and circumstances, it
would be appropriate to award a lump sum compensation of
Rs.7,50,000/- to the parents along with interest at the rate of 6 per cent
per annum from the date of filing of claim petition till its realization.
The appeal is allowed. Let the Transport Undertaking deposit
the amount awarded within a period of three months. No order as to
costs.
JUDGMENT………………………..J.(Kurian Joseph)
New Delhi; ……………………….J. December 15, 2015. (Arun Mishra)