DELHI TRANSPORT CORPORATION Vs. NIRMALA

JUDGEMENT

(1.) Admit. With the consent of the parties matter has been heard and disposed of finally.

(2.) The only point argued by learned Counsel for the appellant in this case is that since the claim petition was filed tinder Section 140 of the Motor Vehicles Act (in short referred to as 'the Act'), the Motor Accident Claims Tribunal (in short referred to as 'the Tribunal') could not have given benefit of Section 163-A of the Act to the respondents as the same was clearly prohibited by the provisions of Section 163-B before I deal with the arguments advanced by learned Counsel for the appellant, a few facts relevant for deciding the present appeal are: One Mr. Kishan Lai while going on a cycle on 7th November, 1996 near Aurobindo Marg, was hit by a D.T.C. bus bearing No. DEP 9826 driven by appellant No. 2. As a result of the accident, the deceased received fatal injuries and died in the hospital the same day. The legal heirs of the deceased, who are respondents in the present case, filed a petition claiming compensation under the provisions of the Motor Vehicles Act. In the typed proforma in which normally the claim petition is filed by the parties claiming compensation, it is printed that the application was under Sections 166 and 140 of the Act. It was alleged in the petition that the bus at the time of the accident was being driven rashly and negligently at a very fast speed by the driver of the bus and the accident was caused because of such rash and negligent driving by the driver of the bus. It was, therefore, submitted that the appellants were liable to make payment of compensation to the legal heirs of the deceased.

(3.) The appellant in the written statement did not deny the factum of accident. It was, however, submitted that on 7th November, 1996 the appellant No. 2 was performing his duty on Route No. 502 and was driving the bus very carefully, cautiously and on the correct side of the road in normal speed. It was further alleged in the written statement that at about 9.30 a.m. the bus reached near Adhchini Corner and the driver was taking a left turn at a slow speed, when the deceased came at a very high speed riding his cycle in a very rash and negligent manner and hit against the left corner of the bus as a result of which he fell down and received accidental injuries and subsequently succumbed to such injuries received by him in that accident.