STATE OF PUNJAB Vs. PHOOL KUMARI

JUDGEMENT

(1.) THIS judgment will dispose of three appeals and two revisions, all arising out of the award given by the Motor Accidents Claims Tribunal on 18th of January, 1961.

(2.) AS a result of a collision in Chandigarh at about 3 P. M. on 7th of September, 1959, between an omnibus of the Punjab Roadways and the truck driven by gurdev Singh and belonging to Sarwan Singh, Shri Nand Kishore Tagore, who was an occupant of the bus, was killed while Yog Parkash, who was going on a cycle, received injuries. The Claims Tribunal awarded a sum of Rs. 35,840/-to the legal representatives of Nand Kishore Tagore and a sum of Rs. 600/- to Yog Parkash. According to the award, two-thirds of the total compensation, that is to say Rs. 24,293/-is made payable by the Punjab State on behalf of the Punjab Roadways and the balance of Rs. 12,147/- by the Insurance Company on behalf of the owner of the truck. Against this award, the Punjab State has filed an appeal (F. A. O. No. 86 of 1961)while the legal representatives of the deceased have questioned the sufficiency of the sum awarded and have asked for enhancement of the compensation to Rs. 50,000/- for which they had laid a claim before the Tribunal, in the separate appeal which is F. A. O. No. 89 of 1961. Sarwan Singh, Gurdev Singh and the oriental Fire and General Insurance Company have filed an appeal (F. A. O. No. 193 of 1961) in respect of their liability which has been apportioned at one-third by the Tribunal. Civil Revision No. 617 of 1961 has been filed at the instance of the Punjab State against the compensation awarded to Yog Parkash (an appeal not being competent under Sub-section (2) of Section 110-D of the Motor Vehicles Act for the amount in dispute is less than Rs. 2,000/-), while Civil Revision No. 721 of 1961 by the Insurance Company, on behalf of Sarwan Singh, is likewise directed against the liability imposed in respect of the injuries caused to Yog Parkash, on the truck owner.

(3.) SO far as the facts are concerned, these do not appear to be much in dispute or doubt. The Punjab Roadways bus No. PNE 4350 started from the High Court end and after picking up fares, including Nand Kishore Tagore, from the New secretariat, had just completed the last stretch of its route in Sector 16 when at the intersection of the roads leading to Sector 23 and the University it got struck by truck No. PNE-7324, coming at a fast speed from the side of the University. Prem-Chand, the driver of the bus, saw the truck coming from the side of the university when on his own showing he was still at a distance of 20 yards from the point of intersection. He still chose to rush through the crossing in the hope of getting clearance before the other vehicle passed that position. According to Prem chand, he was driving at a speed of seven miles per hour, having made a slop at the New Era School which is at a distance of about 50 yards from the crossing. It was a rainy day and the road was slippery. The truck was on the main road coming from the University side and according to the statement of Gurdev Singh, the driver of the truck, its speed was 10 to 12 miles per hour. There can be no doubt that both the drivers of the bus and the truck have grossly minimised the speeds at which their vehicles were being driven. According to the evidence which has been believed by the Claims Tribunal, the truck was travelling at a spend of 30 to 40 miles per hour while the omnibus was being driven at 15 or 20 miles per hour. The occupants of the bus have given evidence to the effect that it had not stopped at New Era School, the last stoppage being at the hospital. According to the finding of the tribunal which I accept without hesitation, the story with regard to the stoppage at New Era School is an improvement and must be put aside. It has been contended by the counsel for the state of Punjab that the accident was due entirely to the negligence of the truck driver whose business it was to stop dead when he saw the omnibus coming from the side of Sector 16. The case of the truck driver is that being on the main road he was entitled to proceed and the bus driver should have stopped before the crossing. Be that as it may, each of the two drivers acted according to his own expectations with the result that just before the omnibus had cleared, its back was struck by the truck and the impact was so tremendous that the omnibus was overturned. Nand Kishore Tagore who was sitting in the front seat was hurled out of the vehicle which was without any exit door and the bus fell on top of him. Nand kishore was extracted and taken to the hospital where he died within an hour. Yog parkash who was coming on a bicycle also received injuries.