STATE OF HARYANA Vs. J N JOSHI

JUDGEMENT

(1.) This is an appeal by the State of Haryana against the award of Rs. 15,190.00 given by the Motor Accidents Claims Tribunal in favour of the respondents No. 1 & 2.

(2.) An accident took place on 18.4.71 at 1.30 p.m. The deceased was Suresh Kumar Joshi aged about 21 years, the son of respondents No. 1 & 2, the father and the mother respectively. The version given out by the respondents was that on the said day the deceased was going to Red Fort in scooter which was being driven by the deceased while the father, respondent No. 1 was sitting on the pillion seat. When they reached near Police Station Civil Lines crossing, one Haryana Roadways Bus No. HRG 424 came from opposite direction. The said bus came on a wrong side of the island (crossing) and instead of going on its left hand side the said bus came directly on the wrong side of the road and hit the scooter directly. Deceased, Suresh Kumar fell unconscious on the road, he was removed to the hospital and later on died. On these allegations the respondents brought the claim asking for a compensation of Rs. 1,50,000.00. The tribunal found that the respondents were the legal representatives and were entitled to put in the application. The tribunal also found that the deceased sustained fatal injuries, due to rash and negligent driving of bus No. HRG-424 on the part of respondent No. 3 and that the accident was not caused due to the negligence of the deceased. As regards the compensation the tribunal calculated that the deceased would have paid Rs. 100.00 per month to the respondents for a period of 15 years and the pecuniary loss thus came to Rs. 18,000.00 and after making a deduction of 15% on account of lump sum payment and uncertainties of life the total pecuniary loss sustained by the petitioners was worked out to Rs. 15,300.00. Thereafter a deduction of Rs. 109.00 on account of G. P. Fund of the deceased, received by the respondents, was made. Thus the total amount payable to the respondents was calculated at Rs. 15,190.00. The State of Haryana undaunted inspite of the finding of the tribunal and inspite of loss of life has chosen to come up to this court in appeal.

(3.) An effort was made by Mr. Mehra, the learned counsel of the State to persuade me to hold that the bus was not being driven rashly and negligently. The effort though valiant was futile because the evidence on record of eye-witness is clear that the bus came from the opposite direction and instead of keeping on its side took a wrong turn on the island and knocked the scooter down. The tribunal has referred to the evidence of the witness at the spot and has found that it Was the rash and negligent driving of the bus which caused the accident. I have gone through the finding of the tribunal and I am not inclined to take a different view. I would, therefore, affirm the finding of the tribunal.