BASANT LAL BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this judgment I would be disposing of three F. A. O. Nos. 862, 863 and 864 all of the year 1984 as they arise out of an accident which took place on 11. 7. 1981. The facts of the case may be noticed in brief as under: Basant Lal Bhatia, one of the appellants herein, was driving scooter No. CHG 1781 on Madhya Marg. He was coming from the railway station side towards Sector 17, Chandigarh, accompanied by his wife Kailash Bhatia who was sitting on the pillion seat of the scooter. When Basant Lal Bhatia reached the crossing of Sectors 26, 27, 28 and Grain Market and was going to proceed, after he had negotiated the whole of roundabout, a bus bearing No. CHW 3592 came from the southern side, that is, in between Sectors 27 and 28. The driver of the bus did not blow any horn and struck the bus into the scooter killing the wife of Basant Lal Bhatia, Kailash Bhatia. It was the case of the claimants that the accident took place due to rash and negligent driving of the driver of the bus on account of which Basant Lal Bhatia suffered injuries, besides the scooter belonging to Surjit Kumar Kaura, was damaged. In this very accident as has been observed above, the wife of Basant Lal Bhatia lost her life.

(2.) THREE claim petitions were filed before the Motor Accidents Claims Tribunal, Chandigarh. Claim Petition M. A. C. T. No. 2 of 1982 was preferred by Basant Lal Bhatia alone claiming compensation for the injuries which he suffered in the accident. Claim Petition M. A. C. T. No. 3 of 1982 was filed by Surjit Kumar Kaura claiming compensation for the damage to his scooter which was being driven by Basant Lal Bhatia and in M. A. C. T. No. 4 of 1982, Basant Lal Bhatia along with his son and daughter claimed compensation to the tune of Rs. 2,00,000/- for the death of Kailash Bhatia. As has been observed above, all the three claim petitions have been disposed of by a single judgment by the Motor Accidents Claims Tribunal (for short 'the Tribunal') and, therefore, this Court is also disposing of all the three appeals by a single judgment.

(3.) THE Tribunal on the basis of rival contentions between the parties framed the following issues: (1) Whether the accident took place due to rash and negligent driving of Bhagwan Singh, driver? (2) Whether the claimants are entitled to any compensation? If so, to what extent and from whom? (3) Relief. The Motor Accidents Claims Tribunal under issue No. 1 found that the accident took place due to rash and negligent driving of Bhagwan Singh, driver. While deciding issue No. 2 in M. A. C. T. No. 2 of 1982 the Tribunal found that the appellant Basant Lal Bhatia was not entitled to any compensation. In M. A. C. T. No. 3 of 1982 Surjit Kumar Kaura was found entitled to the grant of compensation of Rs. 500/ -. In M. A. C. T. No. 4 of 1982 the husband and his two children have been found entitled to the compensation of Rs. 10,000/ -.