HARBHAGWANT SINGH DHILLON Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) HARBHAGWANT Singh Dhillon boarded Haryana Roadways bus on 28.6.1981 from Chandigarh for going to Delhi. According to the claimant, the bus was packed with passengers and was being driven rashly and in a negligent manner. It is near the sales tax barrier, Ambala City, that a truck was seen coming from the opposite direction at a fast speed. Since the bus was being driven slightly on the right side it did not give sufficient space to the truck coming from the opposite side and so it struck its hind portion with the incoming truck. As a result of it, the claimant and another co-passenger, Sat Parkash Prasher, received injuries. The claimant along with Sat Parkash Prasher who became unconscious were taken to the hospital. Right arms of both these persons were amputated. The claimant became permanently disabled. He filed claim petition claiming a sum of Rs. 7,00,000/- as compensation.

(2.) THIS claim was contested by the respondents vide joint written statement raising preliminary objections on the ground of non-joinder of necessary parties, petition being insufficiently stamped and bar of limitation. On merits, it was stated that the bus was being driven at a slow speed and in a cautious manner. It was further stated that both these passengers who suffered injuries were equally negligent as they held their arms outside the window of the bus.

(3.) ON the basis of evidence led by the parties, the Tribunal came to the conclusion that the accident took place on account of rash and negligent driving of the bus driver on account of which the claimant received injuries and became permanently disabled. Accordingly, the issue No. 1 was decided in favour of the claimant. Under issue No. 2, the Tribunal assessed the compensation payable under the various heads as under: <FRM>JUDGEMENT_1219_TLP&H0_1993.htm</FRM> This amount was made payable by the owners and driver jointly and severally. Resultantly, the Tribunal awarded a sum of Rs. 2,18,460/- along with interest at the rate of 12 per cent per annum from the date of filing of the petition till its realisation with proportionate costs to the claimant.