AFGAN BUS SERVICE Vs. GURBACHAN SINGH

JUDGEMENT

(1.) THIS judgment will dispose of F.A.O. Nos. 167 and 179 of 1972 which arise out of the same judgment. Briefly the facts are that bus No. PNT 1080 owned by M/s. Afgan Bus Service, Patiala, and driven by Rattan Singh met with an accident on 13th August, 1964 wherein Avtar Singh, a boy of 13 years, received fatal injuries. It is alleged that the accident took place on account of rash and negligent driving of the driver. Avtar Singh was removed to Rajindera Hospital, Patiala, where he died on August 16, 1964. Gurbachan Singh father and Smt. Inderjit Kaur mother of the deceased filed a claim application of Rs. 50,000/ -. The application was contested by the Respondents, who inter alia pleaded that the accident did not take place on account of rash and negligent driving by the driver of the bus and that the application as barred by limitation. The insurance company further contended that it was not liable to pay any damages as originally the bus belonged to Samana Bus Service, Patiala, who had sold the bus to M/s. Afgan Bus Service, Patiala but the insurance policy had not been got transferred in the name of the latter.

(2.) THE learned Motor Accidents Claims Tribunal came to the conclusion that the accident took place on account of the negligence of Rattan Singh driver and that insurance policy had not been got transferred in the name of the Afgan Bus Service. It further held that the claim was barred by limitation but the delay had already been condoned vide its order dated 23rd May, 1967. Regarding the damages the Tribunal assessed the compensation to Rs. 6,000/ -as damages. Consequently it accepted the claim application to the tune of Rs. 6,000/ -.

(3.) THE first contention of Mr. V.P. Gandhi, learned Counsel for the Appellants, is that the accident took place on August 13, 1964 but Avtar Singh injured died on August 16, 1964. The claim application was however received by the Tribunal on October 24, 1964. Hs argues that it was therefore delayed by about 12 days. According to him the claimants could not give sufficient grounds for condoning the delay. I regret my inability to accept the contention. Gurbachan Singh claimant deposed that due to the death of his son, he and his wife were seriously shocked The driver and the representative of the Afgan Bus Service had come to him for compromise. They had been delaying in giving the address of the insurance company until October 21, 1964. Subsequently, it is stated by him, they refused to supply the address of the insurance company as well as refused to compromise the case. Nothing has been brought in his; cross -examination on the basis of which his aforesaid statement can be discarded. It: appears that the claimants could not tills the claim application as the driver and the owners of the Afgan Bus Service approached them for a compromise. They, it appears, intentionally prolonged the matter and ultimately refused to enter into a compromise, immediately after they refused to compromise the claimants filed the claim application. In my view, the Tribunal in the aforesaid situation rightly condoned the delay.