CHAIRMAN/MANAGING DIRECTOR Vs. UJYAR SINGH

JUDGEMENT

(1.) Heard on admission.

(2.) On 14.5.2015 a Bus bearing registration No.20GA5176 carrying a marriage party met with an accident when it came in contact with high tension electric line which led to passing of current through entire bus resulting in injuries and causalities. One of the passenger who lost life was respondent no.1's son Nitin who was 8 years of age was studying. In a claim case filed under the Motor Vehicles Act 1988, compensation of Rs.1,80,000/- was awarded in favour of the respondent no.1 against the owner and driver of the offending vehicle.

(3.) As the accident had occurred due to high tension electric line coming in contact with the bus W. P. No.17722/2016 in question, respondent no.1 brought a proceeding under the provision of The Public Liability Insurance Act 1991 (hereinafter to be referred to as "Act of 1991") Additional Collector, who was in seisin with the matter while negativing the objection raised by the petitioners as to maintainability of the proceedings on the ground that the claimant having already availed the remedy under the Act of 1988 cannot for the same accident file a claim under 1991 Act and that Additional Collector has no jurisdiction to entertain the claim and that it was the negligence of the driver which led to the accident, awarded the compensation of Rs.25,000/- holding that it being the primary responsibility of the petitioners herein to maintain the high tension Electric supply line and having failed to prove to have discharged their duty to maintain the same which resulted in the accident.