NAND SINGH VIRDI CHANDIGARH Vs. PUNJAB ROADWAYS AMRITSAR

JUDGEMENT

(1.) THIS is an appeal filed under Section 310-D of the Motor Vehicles Act, 1939, against the order of the Motor Accidents Claims Tribunal, dismissing the application of Hand Singh for the grant of compensation in respect of Injuries sustained by him on account of an accident, when he was travelling in a bus belonging to the Punjab Roadways.

(2.) IT appears that on 5-12-1959 Nand Singh got into this bus for going to Chandigarh, when it started from Amritsar at 5-30 A. M. At about 7-00 A. M. , when this bus reached near the Military Camp at Sura Nassi, which is about 4 or 5 miles from Jullundur, a bullock-cart was coming from the opposite direction. A cyclist was following this bullock-cart and when he tried to overtake it, ha came in front of the bus. Buta Singh, the driver of the bus, immediately applied the brakes in order to save the cyclist and since it was drizzling and the road was wet, the bus slipped and turned turtle with its face towards Amritsar side instead of Jullundur. As a result of this accident, the appellant's collar bone was fractured and his right arm was injured. Nand Singh was taken to the Civil Hospital at Jullundur and, on his request, was brought to the Genera! Hospital, Chandigarh, and was admitted there as an Indoor patient. He remained there till 10-12-1959. On 19-1-1960 he filed an application for compensation for Rs. 5,000/-before the Motor Accidents Claims Tribunal, who framed the following issues : 1. Whether the accident was due to rash and negligent act of the driver of the Punjab Roadways? 2. What is the quantum of compensation due and from whom?

(3.) RELIEF. 3. After examining the evidence produced by the parties, the Tribunal came to the conclusion that Buta Singh, the driver of the bus, was not to be blamed and the accident was not die to his rash or negligent driving. On issue No. 2, it was found that since the driver was not at fault, no compensation could be granted to the appellant. Consequently, the Tribunal dismissed the application for compensation.