DIVISIONAL CONTROLLER Vs. SHRIDHAR S/O. KASHIRAM SANGLE

JUDGEMENT

(1.) This is an appeal arising out of the judgment and award passed by the MACT, Hingoli, in MACP No. 346 of 2007, whereby the tribunal has granted total compensation of Rs.11,20,000/-alongwith interest at the rate of 6% p.a. It was a case of head on collusion in between two vehicles namely State transport bus and jeep. The Tribunal has saddled the liability on both the vehicles to the extent of 50% each. Being aggrieved by the said decision, the appellant i.e. owner of ST bus has challenged the finding of the Tribunal on both counts i.e. negligence and assessment of compensation amount.

(2.) The facts in brief, are as such that:

(3.) Heard both sides and perused the entire evidence. The petitioner himself has led evidence on affidavit about the accident. It is the petitioner 's evidence that at the relevant time the ST bus came in high speed and gave forceful dash to the jeep. Though the appellant has examined bus driver however, during cross-examination he admits that it is a case of head on collusion. After the accident police have registered the crime against the bus driver as well as charge-sheet has been filed. Admittedly, the petitioner was occupant of jeep meaning thereby, it is a case of composite negligence. Since it was head on collusion, the tribunal has rightly assessed that both tortfeasors are equally liable to pay compensation.