ISA Vs. KASHIBAI

JUDGEMENT

(1.) This order shall also dispose of Misc. Appeal No. 181 of 1979 (Kashibai v. Isa).

(2.) These appeals are directed against the award dated 8-5-1979 passed by the learned Member, Motor Accidents Claims Tribunal, Mandleshwar, in Claim Case No. 9 of 1978.

(3.) The facts giving rise to these appeals briefly stated are as follows: On 14-81977 the deceased Rohidas was going from village Oon to Khargone on his motor-cycle No. M. T. W. 5610. Passenger Bus No. M. P. F. 8127 owned and driven by the appellant No. 1 in Misc. Appeal No. 173 of 1979 and insured with the appellant No. 2 came from the opposite direction and dashed against the motor-cycle of the deceased with the result that the deceased Rohidas sustained severe injuries and eventually succumbed to the injuries caused to him in the accident. The claimant who are respondents in Misc. Appeal No. 173 of 1979 and appellants in Misc. Appeal No. 181 of 1979 submitted an application under Section 110-A of the Motor Vehicles Act before the tribunal claiming compensation from the non-applicants for the death of the deceased caused on account of the rash and negligent driving of the motor-bus by the non-applicant No. 1. The claimants are the parents, widow, minor son and daughter of the deceased. They claimed Rs. 1,32,000/- as compensation from the non-applicants. The non-applicants denied the claim of the claimants. They denied that the accident was caused on account of the rash and negligent driving of the motor-bus by the non-applicant No. 1. According to them Rohidas was drunk and he had no control over the motor-cycle which was proceeding in a zig-zag manner and on the wrong side of the road. The non-applicant No. 1 with a view to avoid the accident swerved the motor-bus on the extreme right side but still he could not avoid the accident. The motorcycle came from the opposite direction and dashed against the Bus. According to the non-applicants therefore the accident was caused on account of the rashness and negligence of the deceased in driving the motor-cycle and they were not liable to pay any compensation to the claimants.