SHYAMSUNDER Vs. NARBADA BUS SERVICERS

JUDGEMENT

(1.) THIS orders shall also disposed of Miscellaneous Appeal No. 243 1980, M/s. Narbada Bus Service v. Shyamsunder and Ors. These appeals are directed against the award dated 22.4.1980 passed by the Motor Accidents Claims Tribunal, Dewas, in Claim Case No. 18 of 1978 (old No. 9/77 and 28/76).

(2.) THE facts giving rise to these appeals briefly stated are as follows: On 8.3.1976 at about 8 a.m., when passenger bus No. M.P.D. 3333 was coming from Khategaon to Indore it turned turtle in front of Dak Bungalow. The passengers traveling in the bus sustained injuries in the accident. The Appellant Shyamsunder (in Misc. Appeal No. 212 of 1980) was also a passenger in the bus and sustained injuries in the accident. The Appellant claimed Rs.50,000/ -as compensation from the non -Applicants for the injuries caused to him in the accident. It is not in dispute that the said passenger bus was owned by M/s. Narbada Bus Service and at the time of the accident was being driven by the non -Applicant No. 2 Mohammad Ali and insured with the non -Applicant No. 3 the New India Assurance Company Limited, Bhopal. According to the claimant the accident was caused on account of the rashness and negligence of the driver of the bus in driving it, and therefore, the non -Applicants are responsible to pay compensation to the claimant for the injuries sustained by him in the accident. The non -Applicants contested the claim. According to the Respondents the accident was not caused on account of the rashness and negligence of the driver in driving the bus. According to them a she -buffalo came in front of the bus and the bus turned turtle on account of the sudden failure of brakes while attempting to save the she -buffalo. The Tribunal held that the accident was caused on account of negligence of the driver in driving the bus and the Respondents are liable to pay compensation to the claimant. The Tribunal awarded Rs.9,312/ - as compensation to the Appellant with interest at 6% p.a. from 19.8.1976 till payment. The Tribunal directed that liability of the insurer will be limited to payment of Rs.5,000/ - with interest thereon. Aggrieved by the award of the Tribunal the claimant has preferred appeal, which is registered as Misc. Appeal No. 212 of 1980. Aggrieved by the award of the Tribunal the owner of the bus M/s. Nabadar Bus Service, also preferred appeal which is registered as Misc. Appeal No. 243 of 1980. As both these appeals arise out of a common award they are being disposed of by this order.

(3.) HAVING heard learned Counsel for the parties, I have comes to the conclusion that the appeal preferred by the owner of the bus deserves to be dismissed and the appeal preferred by the claimant deserves to be partly allowed.