VIJAYA GURUNATH Vs. D T C

JUDGEMENT

(1.) This appeal challenges an order dated 29.1.1987 passed by learned Motor Accident Claims Tribunal, Delhi by which a petition filed by the appellant under Section 110-A of the Motor Vehicles Act, for grant of compensation was dismissed. The facts relevant for disposal of this appeal, briefly stated, are that according to the appellant on 25.12.1977, at about 3.30 p.m. she along with her two children was travelling on a motor-cycle, which was being driven by her husband. They were proceeding from India Gate side towards C-Hexagon on Shahjahan Road. while her husband was trying to take a turn towards right on Pandara Road crossing, suddenly a speeding DTC bus No.DHP-2243, which was being driven by respondent No.2, appeared from their left side and hit the rear portion of their motor-cycle, as a result of which they were thrown off.

(2.) The appellant alleged that this accident had taken place on account of negligence of respondent No.2 and had caused serious injuries on her left knee. She had to undergo treatment at various hospitals including surgery at Bangalore, but still she was not in a position to straighten her leg and was walking with the help of crutches. It was stated that she had suffered permanent damage to her left leg and had developed a limp. She claimed a compensation of Rs . 1 lac from the respondents along with costs and interests. The respondents filed a joint written statement in which the accident was admitted, but it was denied that it had taken place on account of any negligence on the part of respondent No.2. According to the respondents, the DTC bus which was being driven by respondent No.2 had reached the crossing of C-Hexagon road and Pandara Road and was proceeding on its correct side at a normal speed, when the bus reached the crossing, respondent No.2 stopped the bus and only upon appearance of green signal, he started his bus. when he had crossed more than half of the crossing, the motor-cycle on which the appellant was sitting came from the left hand side of the road at a very fast and shooting speed and tried to cross the road ahead of the bus in a negligent manner. The motor-cyclist was carrying not only the appellant, but two children also and as such, on seeing the bus he could not control his motor-cycle and hit it against the front left side of the bus with the result that the motor-cycle fell down and the appellant received injuries. It was also added that since the bus was coming from the right side of the motor-cyclist, the bus driver had the first right of way to proceed on the main road and the motor-cyclist was guilty of violating the traffic rules in trying to go across the crossing before the respondent bus. It was denied that the appellant had suffered permanent disability and it was pleaded that the respondents were not liable to pay.any compensation to her.

(3.) The appellant filed a replication to the written statement denying the pleas revised by the respondents. On the pleadings of the parties, learned Tribunal framed the following issues:-