MAHENDRI Vs. TANJIT SINGH

JUDGEMENT

(1.) This judgment of mine shall dispose of F.A.O. Nos. 709 and 708 of 1987 as common question of law and facts is involved therein, having arisen out of same accident.

(2.) In brief, the facts of the case are that on 30.1.1986, Babu Ram (since deceased), working as driver with Haryana Roadways, Delhi Depot, was driving bus bearing registration No. HRC 7710 from Alwar to Delhi. At about 9.45 a.m. when he reached near Ghasola Chowk on Alwar-Delhi Road, he noticed a truck going ahead of him and proceeding towards Gurgaon. Babu Ram switched on the headlights of his bus and gave horn in order to indicate to the truck driver his intention to overtake the truck. While he was in the process of overtaking the truck, another truck bearing registration No. RSA 6083 being driven by Daljit Singh came from the opposite side at a high speed and in a zigzag manner and struck against the bus, as a result of which Babu Ram, driver of the bus, died at the spot and injuries caused to the passengers of the bus. The driver of the truck too sustained injuries.

(3.) As a result of the above accident, three claim petitions came to be filed before the Motor Accidents Claims Tribunal, Gurgaon; namely, Claim Petition No. 25 of 1986 by Mahendri, widow of deceased Babu Ram, their seven children, besides the deceased's father, claiming compensation on account of death of Babu Ram, deceased; Claim Petition No. 27 of 1986 by Sampat Ram, a passenger in the bus driven by Babu Ram, deceased, for grant of compensation for having lost his left leg which he attributed to the rash and negligent driving of truck by Daljit Singh; and third Claim Petition No. 52 of 1986 by Daljit Singh, driver of truck, claiming compensation for the injuries suffered by him in the accident.