MALTI Vs. SUNDER TRANSPORT CO REWA

JUDGEMENT

(1.) This order shall also dispose of M. A. No. 74/81 (Smt. Nirmala Tiwari v. Tekchand). In both these appeals u/s. 110-D of the Motor Vehicles Act, the claimants/appellants have challenged the correctness and legality of awards passed by the Motor Accidents Claims Tribunal, Satna, in Claim Cases Nos. 63 and 64 of 1977 by judgement dated 3-11-80.

(2.) On 22-8-76 a passenger Bus No. M.P.A. 2983, whose registered owner is respondent No. 1, was proceeding with passengers from Satna to Govindgarh via Bela. The bus is alleged to be over-loaded and is said to be carrying more than hundred passengers. When it passed the embankment road of Lilji dam, beyond Bela towards Govindgarh at or about 11-30 a.m., the front tyres which were not only weak, old and remoulded, suddenly burst and the bus swerved towards dam, fell in the water. The bus was also allegedly being driven rashly and negligently by respondent No. 2. The result was that more than 90 men, women and children died in the liquid grave. Those who could extricate themselves from the watery grave, swam to safety. On receiving the information of this tragedy, Government machinery moved, rescue operation commenced, a team of doctors examined the dead bodies and in the end the dead bodies were handed over to the relatives with death certificates and post-mortem reports, for final disposal. Claimants/appellants are respectively 19 years and 25 years, widows of Suresh Kumar Vishwakarma and Ravi Shankar Tiwari and it is they, along with other unfortunate claimants, who filed the claims before the Motor Accidents Claims Tribunal. Respondent 3 is the Insurance Company. Smt. Malti, a 19 years widow, in M.A. No. 64/81, originally claimed the compensation before the Tribunal, for the death of her 20 years old young husband, Rs. 4,47,000/- and Smt. Nirmala Tiwari along with her young children, in M.A. No. 74/81, claimed Rs. 2,38,000/-. Respondents 1, 2 and 3 contended before the Tribunal that they are not liable to pay compensation as claimed, but it was the State of M.P. who was the real culprit who had not planted any road signs by the side of the road. They also contended that the Public Works Department of Madhya Pradesh had not maintained the road properly at the site of the accident. They further contended that they had not lifted the passengers more than the permissive limit, but the unfortunate passengers forcibly entered the bus at Bela for reaching their home by evening because of 'Khajulaivan' festival.

(3.) The learned Claims Tribunal answered the issues by a lengthy common judgement and thus disposing of more than 50 claims pending before it. Issues were answered thus in Claim Case No. 63/80 :