RAJASTHAN ROADWAYS Vs. HARPAL SINGH

JUDGEMENT

(1.) THE Appellant Rajasthan Roadways impugns a judgment dated 09.07.2004 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.41,336/- was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 18.02.2001.

(2.) A Claim Petition filed under Section 163-A of the Motor Vehicles Act(the Act) by the First Respondent was converted to one under Section 166 of the Act by the Claims Tribunal on the ground that under Section 163-A of the Act, the compensation is payable only in case of death and permanent disablement. On appreciation of evidence, the Claims Tribunal found that the First Respondent suffered injury while travelling in Rajasthan Roadways bus No.RJ-13-P-1402 which was being driven by its driver in a rash and negligent manner.

(3.) COMING to the finding on negligence reached by the Claims Tribunal, the First Respondent's testimony as PW1 that "driver of the bus suddenly turned the bus towards right without caring for the truck coming from the opposite direction. Consequently, the bus hit the truck. As a result of accident, my ankle dislocated and I also suffered fracture of leg besides other injuries. Other passengers also suffered injuries," was not challenged in cross-examination except for a mere suggestion that the accident was caused due to negligence on the part of the truck driver. It was not suggested to PW1 as to how the accident occurred. The First Respondent's version is supported by the certified copy of the site plan filed before the Trial Court which shows that the Rajasthan Roadways bus had gone to the wrong side of the road to collide against truck No. HR-14-4393. Culpable negligence on the part of the driver of the Rajasthan Roadways was amply proved.