RAM LAL Vs. AMAR JEET SINGH

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 2.12.1994 passed by Motor Accident Claims Tribunal, Hardwar in Motor Accident Case No. 42 of 1990, Ram Lal and another v. Anil Kumar and 7 others, by which, the claimants have been awarded a sum of Rs. 63,000 along with pendente lite and future interest @ 12% per annum.

(2.) BRIEF facts giving rise to the present appeal are that on 3.4.1990 at about 11 a.m. Devi Dayal was going to Hardwar along with his advocate in Bus. No. H. R. 10525. The driver of the bus namely Harvansh Singh was driving the Bus very cautiously in moderate speed abiding by all the traffic rules. On 4.4.1990 at about 12-15 in the morning when the Bus reached near Village Majra, one truck trailer No. HRE 8133, which was coming from Hardwar and being driven rashly and negligently by Sri Anil Kumar its driver. In this truck a machine of B.H.E.L. was being carried out, some of the portion of that machine was coming out from both sides of the aforesaid truck. There being no indication, the aforesaid Truck Trailer driver hit the Bus from the side, due to which the bus got damaged and some of the passengers, who were sitting in the Bus died and some sustained grievous injuries due to impact on the bus. The deceased was also one of the persons, who died due to the injuries sustained in the accident. Accident had occurred due to the negligence of Department of B.H.E.L. because there was no indication on the truck to make somebody aware that what type of material was being carried out in that truck.

(3.) RESPONDENT No. 2, General Manager, Haryana Roadways Transport and respondent No. 3 State of Haryana have contested the case by filing written statement. They have stated that they are not liable to pay any compensation because the accident had occurred due to the negligence of B.H.E.L. and the driver of the aforesaid truck,