DELHI TRANSPORT UNDERTAKING Vs. KRISHNAWANTI

JUDGEMENT

(1.) This is an appeal under section 110-D of the Motor Vehicles Act against the award of damages by the Motor Accident Claims Tribunal.

(2.) On June, 17, 1960 Mrs. Want, respondent, was travelling in D.T.U. bus No. DLP 257 on route No. 10 at about 3.30 P.M. On new Link Road, a cart full of long logwoods which are usully used as rafters under the roofs and also for the construction of sheds, was going ahead, of the bus. Those logs were protruding out of the cart. The driver of the bus, while trying to overtake this cart, acted rashly and negligently at a high speed. He swerved the bus so suddenly at a high speed that the logs of wood hit the arm of the respondent, who was sitting next to the window on the left side of the bus and injured her. She got compound fracture of her left arm bones in addition to other bruises all over. She was taken to Sir Ganga Ram Hospital where she was admitted for treatment and had to incur heavy expenses. She filed an applicat on under section 110 of the Motor Vehicles Act claiming compensation to the tune of Rs. 25000.00. This application was resisted by the appellants. It was averred that she had placed her elbow outside the window of the bus in spite of the warning of the conductor and it was for that reason that the accident took place resulting in the fracture of her hand. The liability to pay any compensation was also disputed.

(3.) The following issues, with which I am now concerned, were framed by the Tribunal : "3. Whether the accident was due to the contributory negligence of the applicant ? 4. Whether the injuries were sustained by the applicant due to rash and negligent driving of the bus by respondent No. 3 ? 5. To what amount of compensation, if any, applicant is entitled ? The learned Tribunal came to the conclusion that the accident had taken place because of the rash and negligent driving of the bus driver because of the contributory negligence of the applicant. A sum of Rs. 2150.00 was awarded as compensation.