UNION OF INDIA Vs. OSWALD ANTHONY ATHAYDE

JUDGEMENT

(1.) THE appellant Union of India has taken exception to the judgment and award passed by the Motor Accidents Claims Tribunal on 12. 1. 1990 in a claim petition filed by the respondent No. 1 under the provisions of Motor Vehicles act, 1939.

(2.) THE case of the respondent No. 1 in the claim petition is that he suffered injuries in a motor accident which took place on 27. 7. 1987. The case of the respondent no. 1 was that he was travelling in an Ambassador car which was proceeding from mahim to Sahar Airport. The accident took place early in the morning when the traffic signals were not operating. When his car came near the junction of Mahim causeway and Western Express Highway and when he was taking right turn towards western Express Highway, a bus owned by the Department of Atomic Energy of the appellant Union of India came from bandra side and front side of the bus dashed against the left side of the car in which respondent No. 1 was travelling. Respondent No. 1 suffered various injuries for which initially he was treated in the kem Hospital, Bombay and, thereafter he was hospitalised in the Bombay Hospital. The claim for compensation made by the respondent No. 1 is for Rs. 2,00,000. A written statement was filed by the appellant. The contention raised in the written statement is that the bus was being driven in normal speed and the driver of the bus by using light signal gave indication to the driver of the car to reduce the speed. Ignoring the signals, the driver of the car took a very sharp turn towards right side. Though the driver of the bus applied brakes, as the car was in high speed, collision could not be averted and that left side of the car collided against the bus resulting in the accident and damage to the car and the bus. The accident took place due to negligence on the part of the driver of the car and there is no fault on the part of the driver of the bus. The respondent No. 3 is the insurance company with which the car was validly insured on the date of accident and the respondent No. 2 is the owner of the car in which the respondent No. 1 was travelling.

(3.) BY the impugned judgment and the award the Tribunal awarded compensation of Rs. 1,70,270 with interest thereon at the rate of 12 per cent per annum from the date of application till realisation.