CHAMELI WATI Vs. DELHI MUNICIPAL CORPORATION

JUDGEMENT

(1.) This judgment will dispose of F.A.O. No. 115 of 1977 filed by Smt. Chameli Wati and Kewal Ram, parents of Ramesh Chand, deceased, seeking enhancement of the compensation of Rs. 11,500.00 awarded to them by the Motor Accident Claim Tribunal, Delhi, and the Cross-objections (CM No. 2048 of 1977) filed by the Delhi Municipal Corporation (herein called 'the Corporation') challenging the finding that the accident resulting in the death of Ramesh Chand was due to rash and negli gent driving of the driver Ajit Singh who was driving the bus bearing registration No. DLP 1 134 on 25th August, 1970, the date of the accident.

(2.) Admittedly the bus which was being driven by Ajit Singh on 25th August, 1970, at about 7.30 p.m. on Kolhapur Road near Clock Tower, Sabzi Mandi, Delhi, had hit Ramesh Chand.

(3.) The question for decision before the Tribunal was whether this accident resulting in the death of Ramesh Ghand occurred due to the rash and negligent act of the driver. The fact of the accident having taken place was not in challenge. That the deceased who was a young boy of about 25 years was on the right side of the road and that the bus in question after having hit a cyclist on the left side of the road suddenly swerved towards its right and hit the said boy was also not under challenge. The plea of the Corporation, the Delhi Transport Undertaking and the driver, who were the respondents before the Tribunal, was that the brakes of the bus had suddenly failed and while trying to save the cyclist the driver, respondent No. 3 had no other course open to him but to swerve the vehicle towards his right. In doing so, he hit the boy who was proceeding in the same direction on the extreme right side of the road. The boy was over-run as a result of which he died. After hiting the boy the bus came to a halt after colliding with a cart which was even further parked towards the right side of the road. The defence briefly was that the accident was an net of God which occurred due to the mechanical failure of the brakes and the respondent's were not responsible for the same.