SUKUMAR JAMES Vs. HAKEEM SHERIFF

JUDGEMENT

(1.) ON 05.05.1989 at about 9.50 a.m. while the claimant was travelling in Pattukottai Azhagiri Transport Corporation Bus bearing Registration No.TML 2914 along Vellore to Chennai Highways, near Arcot Nenthiyalam Village, a private bus belonging to first respondent insured with second respondent came in a rash manner from opposite side dashed against it, resulting in head on collision, in which both the bus drivers died. Many of the passengers in both the buses sustained injuries among whom the claimant was also one. He was removed to C.M.C. Hospital, Vellore and was treated. He was earning Rs.3,000/- p.m. by working as mechanic in Crane Manufacturing Company Private Limited situated at Kolar, Karnataka State. He was aged about 36 years. Respondents are responsible for the accident and hence he claimed Rs.6,00,000/- as compensation.

(2.) IN the counter filed by the first respondent it is stated that the first respondent is a minor and hence all the averments mentioned in the petition have to be proved by the claimant himself.

(3.) CONSIDERING the evidence available on record, the Tribunal has come to the conclusion that both the drivers were at fault at the time of accident. The theory of res ipsa loquitur applies to the very happening of the accident eventually depicting that both the drivers were responsible for the accident since it was a head on collision. If both the drivers or any one of them were cautious enough, the gruesome accident could have been avoided. In this regard, the observation recorded by the Tribunal is confirmed.