INDRAWATI Vs. SITAL GIR

JUDGEMENT

(1.) Om Prakash Aggarwal son of Lala Panna Lal, resident of Lachhmansar, Amritsar, aged about 42 years, on 30th May, 1962, while travelling in D.T.U. bus No. D. L. P 226 on route No. 3 met with an accident between 11.45 A. M. and 12.00 noon near Church Road Crossing Gopinath Bazar, Delhi Cantt. The injured was removed to the Safdarjang Hospital in a taxi by Mr. Satpal Kapur, A. W. 1 where on examination by the doctor he was declared dead.

(2.) The appellants in F. A. O. 146 of 1966 viz., Indra Vati, widow of Om Parkash, Mr. Ramesh Kumar Gupta, Mr. Vijay Kumar Gupta, sons of Om Parkash, Mr. Surinder Kumar Aggarwal, Mr. Raman Kumar Gupta, minor sons of Om Parkash and Kumari Rama Kumari, minor daughter of Om Parkash through Mrs. Indra Vati, their mother and natural guardian (hereinafter to be called 'the petitioners') all dependents and legal representatives of the deceased filed a claim against Sital Gir, driver of the bus, The Delhi Transport Undertaking and the Municipal Corporation of Delhi being the owners of the bus, before the Motor Accident Claims Tribunal, claiming rupees two lacs as the amount of compensation stating that on the 30th May, 1962, the deceased boarded bus No. DLP- 226 plying on route No. 3 at Bus stop of Gopi Nath Bazar, Delhi Cantt. and on entering the vehicle the deceased found no place to sit on account of its being overcrowded. It is stated that he had to stand in the bus along with other passengers. After taking passengers at the said bus stop, the bus started and it had hardly travelled about a furlong or so, when it came across a round about on the road. Without properly slowing down the vehicle, it was averred, the driver turned it at a very high speed in a rash and negligent manner. As a result of the jerk caused by sudden and fast turning, the deceased Om Parkash was thrown out of the bus and hitting some cables of an electric pole he fell on the ground. The deceased received serious injuries and had multiple fractures of the skull which caused profused bleeding from the head. The deceased was immediately taken to the Safdarjang Hospital but he expired somewhere on the way to the Hospital. The deceased was declared dead on examination by the doctor. The petitioners contend that the accident causing the death of the deceased was sheerly due to rash and negligent act of driving of the driver, respondent No. 1, in taking the turn at a very high speed without slowing down the vehicle. The income of the deceased was stated to be Rs. 15,000 per annum. The deceased was stated to be running business as owner of (1) Prince Electric works, Chowk Chintpurni Amritsar, (2) Gupta Electric Co., Hall Bazar, Amritsar and (3) M/s Om Parkash Aggarwal & sons, Bazar Lachmansar, Amritsar.

(3.) The respondents resisted the claim and by way of preliminary objection alleged that the vehicle in question was exempt from the provisions of Chapter VIII of the Motor Vehicles Act and as such the application was not maintainable.