DAYAL SINGH Vs. JANKI DEVI

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of Motor Vehicles Act, 1988 (in short the Act) against the judgment and award, dated 5.9.1998 passed by Motor Accident Claims Tribunal/District Judge, Chamoli (in short the Tribunal) in M.A.C. Petition No. 1 of 1994, Smt. Janki Devi v. Dayal Singh and Ors. whereby the learned Tribunal has awarded compensation of Rs. 1,00,000 in favour of the claimant as against the owner and driver of the Bus No. UP-07/0838 along with interest @ 10% per annum. The claim petition against the Insurance Company was dismissed.

(2.) RELEVANT facts of the case are that Sunil Kumar, aged 16 years, a student, son of the claimant, lost his life in a motor vehicle accident on 11.7.1993 at about 9-30 a.m. involving Bus No. UP 07-0838 which was being driven rashly and negligently by its driver. According to the claimant on the fateful day, Sunil Kumar was going on foot to Karanprayag market from his home. When he reached near the bend at Uma Devi temple, he was hit by the bus with the result that Sunil Kumar fell down on the road and the bus itself turned over the boy causing his instantaneous death. The bus was being driven by the cleaner and not the driver. The deceased was a student of Class X. Longevity of the family of the deceased was stated to be more than 70 years. The claimant has claimed total compensation of Rs. 1,75,000 on different counts for the death of the deceased son.

(3.) THE O.P. No. 2 Dinesh Chandra also filed his separate written statement and he took the same stand as was taken in the written statement filed by the O.P No. 1, owner of bus in question. He has stated that he was the conductor in the bus and he was not driving it. He pleaded that in the accident he sustained injuries due to overturning of the bus and became unconscious. He was taken to Government Hospital, Karanprayag for treatment. He also pleaded that he was made accused by the police by mistake. He also stated that he did not know about the whereabouts of the driver after the accident.