RAGHIB NASIM Vs. NASEEM AHMAD

JUDGEMENT

(1.) These two first appeals from order have been preferred under Section 110D of the Motor Vehicles Act, 1939. Appeal No. 490 has been filed by the New India Assurance Co. Ltd., whereas Appeal No. 576 has been preferred by Raghib Nasim and Smt. Zaheet Fatima, who were the owners of bus No. USP-2788. By the judgment impugned in these appeals, the Motor Accidents Claims Tribunal, Muzaffarnagar (hereinafter referred to as " the Claims Tribunal"), allowed the claim of respondents Nos. 1 to 9, who are the claimants, and awarded a sum of Rs, 22,275 as compensation along with interest at 6 per cent. per annum from the date of giving of the judgment up to the date of payment.

(2.) The .claim of respondents Nos. 1 to 9 was that Fazal Haq, father of respondents Nos. 1 to 8 and husband of respondent No. 9, was travelling by private bus No. USP-2788 on August 15, 1977, when at about 8-30 a.m. ' near the block office of village Baghra, Police Station Titavi, district Muzaffarnagar, it collided with bus No. HRM-7370 of Haryana Road Transport Corporation coming from the opposite direction. According to the claimants, Fazal Haq (deceased) was sitting on the seat behind the driver and as a result of a collision he received several injuries and died instantaneously. The claimants asserted that the accident took place due to negligence of the bus drivers of the two vehicles, referred to above, and, as such, they were entitled to compensation from both of them amounting to Rs. 74,920.

(3.) The claim was contested by the Haryana Road Transport Corporation as well as the owners of bus No. USP-2788. In their written statement, the owners of bus USP-2788 claimed that the accident took place due to the rash and negligent driving of bus No. HRM-7370, and not on account of negligence of the driver of bus No. USP-2788. In the written statement filed on behalf of the Haryana Road Transport Corporation, the liability for compensation was denied on the ground that bus No. HRM-7370 was being driven by its driver at a slow speed and when the accident occurred, it was towards the extreme left. According to the Haryana Road Transport Corporation, bus No. USP-2788 was solely and exclusively responsible for the accident. The New India Assurance Co. Ltd. also filed a written statement.