THE UNION OF INDIA Vs. SMT. RITAMONI HAZARIKA

JUDGEMENT

(1.) THESE two appeals filed under Section 173 of the Motor Vehicles Act by the Union of India, are tied up for a simple reason that the claims as adjudicated by the Tribunal have emerged from the same accident and both the claims were decided by the common judgment and award dated 25.07.2005 as passed by the Motor Accident Claims Tribunal, Golaghat, in MAC Case No. 200/2003 (related to the MAC App. No. 121/2006) and MAC Case No. 196/2003 (related to the MAC App. No. 112/2007). The findings as returned by the Tribunal as regards the accident that occurred on 28.05.2003, involving the vehicle bearing registration No. AS -30/2492, owned by the Assam Police and the vehicle bearing registration No. AS -03/B/9550 (an Army Jeep), owned by the Union of India, the death of one Ratul Hazarika, the driver of the Assam police vehicle and grievous injuries received by one Romen Borah, are not in dispute by either of the parties or in the appeals. As such, those findings are affirmed and fresh appraisal thereof is dispensed with.

(2.) THE questions those have been raised in both the appeals are identical and related to, for whose negligence the accident took place and whom is to be held responsible for the liability that emerged from the accident.

(3.) FROM the Exbt. -A it is found that the informant, one P. Barman informed the Officer In -charge, Jagiroad P.S. that the accident occurred for negligent driving of the said Police vehicle. The police, after investigation and examining the witnesses found that the police vehicle No. AS -30/2492 was in normal speed. While the Army vehicle was in a bit high speed and was proceeding in a zig zag way and ultimately dashed against the police vehicle on its right side body behind the driver's cabin. Although the driver of the police vehicle tried his best by taking his vehicle to the extreme left side of the road and also applying the hard brakes as noticed from its speed marks for averting the accident, the front side (right tyre) of the Army vehicle was found punctured condition, perhaps the driver, the report continues, could not control the vehicle and dashed against the police vehicle.