BALWANTI DEVI Vs. SURJIT SINGH

JUDGEMENT

(1.) On 27th November, 1979 an accident took place near the R.K. Puram crossing between a three wheeler scooter and a bus of the Delhi Transport Corporation (for short the DTC). Rambir Singh, son of Appellants No.1 and 2 was a passenger in the scooter and died as a result of the accident. At that time, the deceased was about 25 years of age. He had completed his graduation and was a final year student of a BAMS degree course in Ahinsa Ayurvedic College, Shankar Road, New Delhi.

(2.) The Appellants (Appellant No.2 has since died) filed a claim petition before the learned Motor Accidents Claims Tribunal (for short the MACT) seeking compensation of Rs.2,00,000/- for the death of their son. Respondent No.1 is the driver of the bus while Respondent No.2 is the DTC and owner of the bus. Respondent No.3 is the driver of the scooter while Respondents No.4 and 5 are the owners of the scooter. Before the learned MACT, the Respondents (except DTC) were proceeded against ex parte. Respondent No.3 (the driver of the scooter), however, entered the witness box to support the case of the Appellants before the learned MACT.

(3.) From the Award of the learned MACT, the facts appear to be that a DTC bus was being driven on the main road at a high speed by Respondent No.1. A three-wheeler scooter driven by Respondent No.3 took a right turn towards the direction of the bus through a gap in the central verge. According to Respondent No.3, he saw the bus at a distance of about 50-60 yards but he still took a turn. The bus collided with the rear portion of the scooter and in the resultant accident, the Appellants son died.