CHANDER KANTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by the claimants against the judgment of the learned Motor Accidents claims Tribunal, Hisar (for short 'the Tribunal' ). Learned Tribunal after assessing the compensation payable at Rs. 6,00,000 by holding that the deceased was also negligent, awarded Rs. 3,00,000 to the claimants along with interest and costs.

(2.) THE brief facts leading to the case are that Som Parkash Mehta deceased, who was aged about 41 years and was an employee of State Bank of India, Thurana as head Cashier, boarded bus No. HYN 5918 being driven by Mithan Singh, respondent no. 3. He had boarded the bus from the rear window (sic door) when truck No. PJB 1701 being driven by Channa Singh, the respondent No. 4 came at a high speed from the side of Hisar and struck the window of the bus, as a result of which Som parkash along with window fell on the road and died at the spot. The conductor, who was standing near the window of the bus, lodged F. I. R. regarding this accident and he along with the driver of the bus took the deceased to Civil Hospital, Hisar. However, Channa Singh, driver of the truck ran away after leaving the truck at the spot. It was also the case of claimants that due to death of Som Parkash the claimants suffered mentally and financially and, therefore, they claimed compensation of Rs. 6,00,000 on account of the death of the deceased.

(3.) IN the written statement filed by respondent No. 1, it was alleged that accident was caused on account of negligence of the truck driver and also the deceased who opened the window of slow moving bus and then boarded the bus and there was no negligence on the part of the bus driver. The driver of the bus, Mithan Singh, respondent no. 3, also took the same stand. Respondent Nos. 4 and 5, i. e. , the driver and the owner of the truck in their joint written statement denied the allegations of the petitioner and pleaded that Channa singh driver was coming from the side of delhi and was going towards Sirsa side on national Highway 10 and he was passing through Hisar city at normal speed. It is his further case that when he passed through exit gate of Hisar Bus Stand, some rickshaws were standing on the road and had blocked it, therefore, he had to stop the truck. It has further been pleaded that in the meantime bus of Haryana Roadways being driven by Mithan Singh, respondent No. 3, came from the exit gate of the bus stand in a very rash and negligent manner and took a sudden turn towards the left side, i. e. , sirsa side and while the bus was coming from the exit gate the deceased tried to board the said fast moving bus from the rear window. It was also alleged that the conductor of the bus did not get the bus stopped nor its driver slowed it down and in this situation when he tried to overtake his truck, the deceased who was trying to board the bus from rear window, which was open at that time, struck right back portion of the truck forcibly, as a result of which window struck against the deceased and he along with window fell on the road and on these pleadings it was said that the accident had taken place due to negligence of the bus driver and also of the deceased himself. Therefore, neither the truck driver nor the owner could be blamed in this manner.