UNION OF INDIA Vs. GIRJA SAHU

JUDGEMENT

(1.) Being aggrieved by the Award dated 13th December 2010 passed in Claim Case No. 31/2009 by the Second Additional Member of the Motor Accident Claims Tribunal, Dabra (Gwalior), appellant Union of India through Secretary, Govt. of India Ministry of Home Affairs, New Delhi and the Director BSF Academy Tekanpur, district Gwalior has preferred an appeal under Section 173 of the Motor Vehicles Act 1988 with a prayer to set aside the impugned findings awarding thereby compensation in the sum of Rs. 3,82,000/- alongwith 7% interest p.a. to the claimants.

(2.) The facts in short are that on 31st August 2007 at about 7-45 a.m., Om Prakash Sahu (since deceased) was riding as a pillion driver on a motorbike driven by Neeraj Dhakad towards Gwalior. When they passed through Jorasi Temple at Jhansi Highway, green coloured bus hit them from back side causing serious injuries to Om Prakash Sahu. Thereafter the police with the help of other bystanders shifted the injured for treatment to J.A. Hospital Gwalior. The injured died during treatment. A Dehati Nalish was lodged by Neeraj Dhakad in J.A. Hospital, just after reaching the injured for treatment in the Hospital with the Head Constable of the Police Station Bilaua, alleging involvement of bus of green coloured belonging to BSF. Thereafter, the FIR was lodged on the basis of said Dehati Nalish which was written in J.A. Hospital Gwalior. After investigation, the Final Report, for want of the person who caused the accident was filed before the criminal court. The claimants, who happened to be the wife and children filed a claim petition before the learned tribunal seeking Award of Rs. 44,86,000/-. The learned tribunal after considering the evidence as adduced by the parties passed the award of Rs. 3,82,000/- against the owner and the driver of the bus No. PB 08 AJ 6980 involved in accident which is sought to be challenged in the present appeal on the sole ground that the alleged bus was not involved in the accident.

(3.) The contention of the learned counsel appearing for the appellants is that the award passed by the learned tribunal on vicarious liability of the BSF employee, i.e., the driver involved in road accident is in contravention of the relevant provisions of law and the facts as adduced by the parties. It is submitted that the offending BSF School bus which was alleged to have caused the accident, had already reached at the place of destination at Central School Premises and after allowing the kids of BSF personnels was in rest timings for its return journey back to the BSF Headquarter Premises at Tekenpur. It is contended that the relevant time on which the accident had happened there was not at all possible for picking up the school students and thereafter coming at the root from Tekanpur to Gwalior and hit the on-going bike and caused injuries to a pillion rider of the bike. It is submitted that the learned tribunal has failed to assess that an unknown motor vehicle was involved in the accident and the school bus owned by the BSF was involved on mere assumption expressed by some of the eye witnesses. It is submitted that the tribunal did not properly consider the evidence as adduced by the respondents/appellants, herein. Therefore, on the basis of above submissions, it is prayed that the Award passed by the tribunal may be set aside by discharging the appellants from the liability of making payment of the Award.