GURDEV KAUR Vs. RASH BEHARI DAS

JUDGEMENT

(1.) For personal injuries sustained in a motor accident, Sri Rash Behari Das, the respondent herein, filed an application under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) before the Motor Accident Claims Tribunal for Calcutta and 24 Paraganas (hereinafter referred to as the Tribunal) claiming a sum of Rs. 84,000/- as compensation from the owner and insurer of the offending vehicle, the appellant Nos. 1 & 2 respectively in this appeal.

(2.) The claimant's case was that on April 12, 1971 at about 3 p.m. while he was inspecting his lorry No. WBQ 3041, which was being repaired in the Automobile Welding Shop of Dulal Das situated near the junction of Diamond Harbour Road and Government Quarters thoroughfare, a passenger Bus bearing No. WBR 2837 then plying on Route No. 3B came from north along Diamond Harbour Road and while taking turn towards the Government Quarters Road in a terrific speed and without blowing any horn, came over him as a result of which he got pressed between the bus and the lorry and sustained previous injuries including multiple fractures. Due to the injuries sustained he had to remain bed-ridden for a continuous period of fourteen months and he has become almost invalid.

(3.) The claim was resisted by both the appellants by filing two separate written statements though on similar grounds. It was not denied that the Bus belonging to the appellant No. 1 knocked down the respondent. They, however, denied that the accident occurred due to any rashness, negligence or fault on the part of the driver and contended that the respondent was solelv responsible for the said accident. It was, further, contended that the respondent suffered some injuries of minor nature and in anv case he was not entitled to any compensation.