SHANKAR LAL KHUNTE Vs. TIKAIT RAM

JUDGEMENT

(1.) This is claimants appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act, 1988') challenging the award dated 25-2-2004 passed by the Additional Motor Accidents Claims Tribunal, Korba in Claim Case No. 66/2003 (Shankar Lal Khunte and another v. Tikait Ram and another) by which claimants' claim in respect of deceased Karmeshwar alias Kamleshwar has been partly allowed. Brief facts, as projected, are thus:

(2.) Respondents No. 1 and 2, i.e., driver and owner, of the offending bus jointly filed a written statement before the Claims Tribunal stating inter alia that the motorcycle was being driven by deceased Dinesh without having any licence to drive the vehicle. Near the place of occurrence, there was a turning on which the motorcycle riders deceased Dinesh and Karmeshwar alias Kamleshwar lost their balance, the motorcycle skidded on the road, both the deceased fell down and sustained injuries on the head which resulted into their death. It was further pleaded that when respondent No. 1/the driver of the bus noticed that the motorcycle was coming from the opposite side rashly, he not only reduced the speed of the bus but also stopped the bus and as a matter of precaution, parked it on the left side of the road, but the motorcycle being driven by deceased Dinesh came in such a high speed that both the deceased lost their control, the motorcycle skidded and both the deceased fell down from the motorcycle and as such there was no negligence on the part of respondent No. 1/the driver of the bus. Therefore, the respondents were not liable for the accident.

(3.) In support of their case, the appellants/claimants examined Bhojalbai (AW-1) and Shankar Lal Khunte (AW-2), whereas the respondents/SECL examined Tikaitram (NAW-1), who was driver of the bus, Bharatlal (NAW-2), who was helper in the bus and Omprakash (NAW-3), who was an officer of the SECL.