DRUPAD KUMAR BARUA Vs. ASSAM STATE TRANSPORT

JUDGEMENT

(1.) THE appellant was involved in a motor accident on 5-10-67. He was then aged about 31 years on the ill-fated day he was travelling from Shillong to Guwahati by a bus belonging to the State Transport Department of the Government of Assam. The accident took place about 9 miles away from Guwahati. At that place there was a collision between the bus and a truck coming from opposite direction. In the accident the appellant suffered fractures of different bones including the neck of right femur and right fibula. The injuries were so grave that the appellant became permanently disabled. The accident has also affected his longevity. The great impact on the health of the appellant can be well imagined by the fact that though the accident took place on 5-10-67 he could join his service only on 1-12-73, which shows that for more than 6 years he could not regain sufficient strength to join his service, which was of claims Inspector under the Railways.

(2.) THE appellant claimed a sum of Rs. 3.5 lakhs as compensation under the following heads:

(3.) RELYING on the evidence of this sole eyewitness examined on behalf of the claimant, Shri Deka has urged that no fault can reasonably be found with the driver of the bus. Learned Counsel has, therefore, supported the view taken by the claims Tribunal to fortify which, he has also referred to the evidence of the driver. Let us see what did the driver say who was examined as O.P.W. 3. According to the driver, on the date of occurrence the bus bad started from Shillong at 5 p.m. and he stated in cross-examination that normally it took three and half hours to reach Guwahati from Shillong. This shows that if the bus would have been driven in normal speed it would not have reached the place of occurrence which was only about 9 miles away from Guwahati at about 7 p.m. within about two hours of leaving Shillong. This fact itself shows that the bus was driven in high speed. It cannot, therefore, be accepted that the bus was not being driven rashly. The further evidence of the driver is that near the place of occurrence he saw two trucks coming from Guwahati towards Shillong. At the place of occurrence the second truck tried to overtake the first one as a result of which it hit against the right side of the bus. It is further stated that the truck which had tried to overtake had no light. The driver further deposed that the light of the first truck dazzled his eyes because of which he could not see anything.