JASWANT RAI KUMAR Vs. AFTAB AHMED

JUDGEMENT

(1.) THIS appeal under Section 110-D(1) of the Motor Vehicles Act, 1939 is directed against the decision of the Motor Accident Claims Tribunal, Meerut Dated June 2, 1976.

(2.) ON May 19, 1973 the appellant was on way to Delhi from Bulandshahar by Ambassador Car DHP 4720. The car belonged to the respondent no. 3. It was driven by Abad Ahmad. There were other occupants also in the car besides the appellant. At about 10.45 A.M. near Meerut bye pass on the Ghaziabad-Delhi route G.T. road, Bus. No. UPB 4749 belonging to the U.P. State Roadways Transport Corporation (hereinafter the 'Corporation') driven by Aftab Ahmad respondent no. 1 coming from the opposite direction tried to overtake a truck and in that attempt it dashed against the car. Injury was caused as result to the appellant besides some other occupants of the car. The driver of the car, namely, Abad Ahmad died instantaneously having succumbed to the injuries. The medical examination relating to the claimant took place at the All India Institute of Medical Science, Delhi at 12:30 P.M. and X-ray was also got done as per medical advice. The claimant remained admitted in the hospital for three days. At the relevant time he was aged about 45 years and employed as Manager in a Cinema house drawing Rs. 350/- per month as the salary. The claim was filed by on November 17, 1973 for compensation in the amount of Rs. 20,000/- with the allegations that the accident occurred on account of rash and negligent driving of the bus by the respondent no. 1. The Corporation resisted the claim denying that the Bus belonging to it was being driven rashly or negligently and contended that the appellant is not entitled to the compensation asked for.

(3.) IN so far as the question concerning the rash and negligent driving of the Bus belonging to the corporation by the respondent No. 1 the driver thereof is concerned, the Tribunal has recorded the finding in the affirmative. The finding is based on consideration of relevant evidence placed on the record including the testimony of the appellant himself and certain other occupants of the Car in F.A.F.O. No. 506 of 1976 U.P. State Roadways Transport Corporation v. Smt. Khatoon and Ors. decided on April 14, 1982 arising out of the claim lodged by the heirs of Abad Ahmad deceased (the driver of the car concerned), this Court came to the conclusion that the rash and negligent driving on the part of respondent no. 1 was established. This was also the view taken in F.A.F.O. No. 455 of 1976 H.N. Beri and Ors. v. U.P. S.R.T.C. and Ors. decided on 25-5-1982 arising out of the claim filed by the other occupants of the car and also in F.A.F.O. No. 437 of 1976 (Sudhir Narain Beri and Anr. v. Aftab Ahmad and Ors.) decided on May 5, 1983 arising from the claim brought by another set of occupants of the car. In view of the findings on the point in these other appeals, the learned Counsel for the respondents did not have anything to submit as against the view taken by the Tribunal in the instant case that the accident could have been averted but for the rash and negligent driving on the part of the respondent No. 1. The attempt on his part to take over the truck was without justification since there was this car proceeding towards Delhi from the opposite direction. The Bus dashed against the car in the process of attempting to overtake the truck.